Raman v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9983 of 2022 Raman .. Petitioner Vs.

The Inspector of Police, Ambur All Women Police Station, Ambur.

(Crime No.01 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No. 01 of 2022 on the file of the respondent police. For petitioner : Mr. S. Pachaiyappan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner, who was arrested on 13.01.2022 for the offences punishable under Sections 376 (2)(n) of IPC and Section 4 of POCSO Act, 2012 in Crime No.01 of 2022, on the file of the respondent police, seek bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3. The petitioner herein apprehends arrest on a complaint given by a minor girl aged about 1 years alleging penetrative sexual assault.

4. The learned Additional Public Prosecutor submits that investigation completed and final report filed.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute separate bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court at Ambur;

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to appear before the POCSO Court at Vellore on every first working day of every month. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Judicial 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];

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 29/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, AMBUR 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 THE INPSECTOR OF POLICE, AMBUR ALL WOMEN POLICE STATION, AMBUR.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE 6 THE OFFICER INCHARGE, POCSO COURT, VELLORE CC to M/S.S.PACHAIYAPPAN Advocate on payment of necessary charges Sr.6535 CRL OP.9983/2022 Date :29/04/2022 RVR 29/04/2022