Manikandan v. State Represented Through

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Manikandan (age 32 years) S/o.Marimuthu 4/995, Karuppurayapuram Nadar, Mettupalayam.

.. Petitioner Vs.

State, represented through The Inspector of Police, *Mettupalayam Railway Police Station Coimbatore (Crime No.03/2020) ..Respondent Prayer: Criminal Original Petition filed under Section 439 of Criminal Procedure Code, praying to release the petitioner on Bail arrested for the alleged offences in Cr.No.03 of 2020 on the file of the respondent. For Petitioners : Mr. B.Aravinthan For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested on 12.02.2020 and remanded to judicial custody on 14.02.2020 for the alleged offences under Sections 5(g), 5(1), 5(1) (II), r/w 6 of POCSO Act, 3(1) and 4(1) of Immoral Traffic Prevention Act and 370, 376 (D) (a) of IPC in Crime No.03 of 2020 on the file of the respondent police, seeks bail.

2. The learned counsel for appearing for the petitioners would submit that the petitioner was arrested on 12.02.2020 and remanded to judicial custody on 14.02.2020 in Crime No.03 of2 2020 registered by the *Mettupalayam Railway Police Station for the offences under Sections 5(g), 5(1), 5(1) (II), r/w 6 of POCSO Act, 3(1) and 4(1) of Immoral Traffic Prevention Act and 370, 376 (D) (a) of IPC 2012. He further submitted that though 90 days have lapsed, the respondent has not filed final report and therefore, the petitioner is entitled to default bail under Section 167(2) Cr.PC and hence, he prays for grant of bail to the petitioner.

3. The learned Additional Public Prosecutor vehemently opposed stating that originally the case was registered by Mettupalayam Railway Police Station and thereafter, after the direction of the Director General of Police, the case was transferred to CBCID Branch, ATC, Egmore, Chennai-8 on 17.03.2020. Now, investigation is being done by the present respondent. He would further submit that identification parade has been conducted. However, he would submit that final report

has not been filed til date.

4. Heard both sides.

5. The Hon'ble Supreme Court in Crl.A.No.452 of 2020 dated 19.06.2020 in the case of S.Kasi V. State through the Inspector of Police, Samayanallur Police Station, Madurai District while referring to the earlier decisions regarding default bail, has held hereunder. "14. The scheme of Code of Criminal Procedure as noticed above clearly delineates that provisions of Section 167 of Code of Criminal Procedure gives due regard to the personal liberty of a persion. Without submissionn of charge sheet within 60 days or 90 days as may be applicable, an accused cannot be detained by the police. The provision gives due recognition to the personal liberty".

6. The petitioner was arrested on 20.02.2020 and he is in incarceration for more than 100 days. The respondent/police have not filed final report till date. Though the allegations are very serious in nature, the petitioner is entitiled to default bail as per the mandate of Section 167(2) Cr.PC, since the final report has not been filed till date.

7. In view of the above, the petitioner is entitled to bail as per the mandate under Section 167(2) of Cr.P.C and thereby this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] the petitioner is ordered to be released on bail on executing

his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison in which the petitioner has been confined and thereafter on his release;. [b] the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the Special Judge for Exclusive Trial of Cases under POCSO Act, Chennai, within a period of 15 days from the date of lifting of lockdown and commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically. [c] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [d] the petitioner shall report before the Mettupalayam Police Station daily at 10.30 a.m., until further orders and meanwhile shall appear before the CBCID, Anti Trafficing Cell, Egmore, Chennai - 8 as and when required.

[e] the petitioner shall not commit any offences of similar nature;

[f] the petitioner shall not abscond either during investigation or trial.

[g] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[h] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed

and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered. 30.06.2020 Index: Yes/No.

Internet/Yes/No Speaking order/Non-speaking order uma To 1.The Special Court for Exclusive Trial of Cases under POCSO Act, Chennai.

2.The Inspector of Police, *Mettupalayam Railway Police Station Coimbatore

3. The Public Prosecutor High Court of Madras.

Note:- *Mettupalayam Railway Police Station (Amendment carried out as per order dated 30.06.2020 in Crl.M.P.No.4396 of 2020) Registry is directed to issue amended order copy.

A.D.JAGADISH CHANDIRA,J uma 30.06.2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2020

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.No.4396 of 2020 in Crl.O.P.No. 8934 of 2020 Manikandan ... Petitioner Vs.

The State represented through The Inspector of Police, Mettupalayam Railway Police Station, Coimbatore.

(Crime No.03 of 2020 ... Respondent Prayer: This petition has been filed under Section 482 of Cr.P.C. to permit the petitioner to amend the respondent name as Mettupalayam Railway Police Station in the cause title of main petition in Crl.O.P.No.8934 of 2020 instead of Mettupalayam Nagar Police Station and consequently in the order dated 30.06.2020 in Crl.O.P.No.8934 of 2020.

For Petitioner : Mr.B.Aravinthan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

ORDER

(This case has been heard through video conference) Amendment petition Ordered.

08.07.2020 ebsi

A.D.JAGADISH CHANDIRA,J.

ebsi To 1.The Special Court for Exclusive Trial of Cases under POCSO Act, Chennai.

2. The Inspector of Police, Mettupalayam Railway Police Station, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

Crl.M.P.No.4396 of 2020 08.07.2020