Saranraj v. State Of Tamil Nadu 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.8685 of 2021 Saranraj .. Petitioner Vs.

State of Tamil Nadu ... Respondent Rep. by The Inspector of Police Tiruvarur All Women Police Station Tiruvarur District.

Crime No.3 of 2021.

PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.3 of 2021 on the file of the Inspector of Police, All Women Police Station, Tiruvarur.

For Petitioner : Mr.N.Palanivel For Respondent : Mr.Charles Premkumar Government Advocate (Crl. Side)

ORDER

(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 23.03.2021 for the alleged offences under Sections 366(A) of IPC and Section 6 r/w 5(i) of the Protection of Children from Sexual Offences Act, 2012 in Crime No.3 of 2021. He seeks bail.

3. The petitioner and the victim are neighbours. The petitioner is aged about 21 years and the victim is aged about 16 years. It appears to be a case of love affair. 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 learned Sessions Judge, Fast Track Mahila Court, Tiruvarur 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 SESSIONS JUDGE FAST TRACK MAHILA COURT, THIRUVARUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, TIRUVARUR ALL WOMEN POLICE STATION, TIRUVARUR DISTRICT.

4 THE OFFICER INCHARGE SUB JAIL, MANNARGUDI.

+1 CC to M/S. N.PALANIVEL Advocate on payment of necessary charges SR.NO.5981 CRL OP.8685/2021 Date :06/05/2021 TA-07/05/2021