Sakthivel v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.05.2021 CORAM :
THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8611 of 2021 Sakthivel .. Petitioner Vs.
The State Represented by The Inspector of Police All Women Police Station Cheyyar, Thiruvannamalai District.
... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail pending investigation in Crime No.2 of 2021 on the file of the respondent. For Petitioner : Mr.M.Rajkumar For Respondent : Mr.Charles Premkumar Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.
2. The petitioner was arrested and remanded to judicial custody on 11.03.2021 for the alleged offences under Sections 450, 376(2)(n) of IPC and Sections 4 and 6 of POCSO Act, 2012 in Crime No.2 of 2021. He seeks bail.
3. The de facto complainant in this case is the mother of the victim. From overall reading of the FIR and other materials on record, it appears to be a case of love affair but the fact remains that the victim is a minor girl. Medical opinion is awaited.
4. Be that as it may, taking note of the relationship between the parties, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Cheyyar and on further conditions that:
(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 shall not commit any offences of similar nature;
(d) the petitioner shall not abscond either during investigation or trial;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f) 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];
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
4. With the above directions, this Criminal Original Petition is ordered.
-sd/- 06/05/2021 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, CHEYYAR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFOMATION)
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, CHEYYAR, THIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE CC to M/S. M.RAJKUMAR Advocate on payment of necessary charges Sr.5953 CRL OP.8611/2021 Date :06/05/2021 RVR 07/05/2021