S.Ashraf v. State Rep 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.8689 of 2021 S.Asharaf ... Petitioner Vs.

The State rep. by Inspector of Police, Palladam Police Station, Tiruppur.

(Crime No.145 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.145 of 2021 pending on the file of the respondent. For Petitioner : Mr.J.Kingsly Solomon For Respondent : Mr.L.Charles Premkumar Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) Heard the learned counsel on either side.

2. The petitioner is in custody since 04.02.2021 for the offence under Section Girl Missing @ 366(A) of IPC and Section 5(m) r/w 6 of POCSO Act, 2012 in Crime No.145 of 2021.

3. Though more than 90 days have elapsed, till date final report has not been filed. The petitioner is entitled to default bail.

4. Hence, bail is granted 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 Magalir Neethimandram (Fast Track Mahila Court), Tiruppur, 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.

5. 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 MAGALIR NEETHIMANDRAM (FAST TRACK MAHILA COURT), TIRUPPUR 2 THE OFFICER INCHARGE, SUB JAIL, TIRUPPUR 3 INSPECTOR OF POLICE, PALLADAM POLICE STATION, TIRUPUR.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE JUDGE, MAGALIR NEETHMANDRAM,(FAST TRACK MAHILA COURT), TIRUPPUR CC to M/S J.KINGSLY SOLOMON Advocate on payment of necessary charges Sr.5950 CRL OP.8689/2021 Date :06/05/2021 RVR 07/05/2021