Sinith 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.8729 of 2021 Sinith ... Petitioner Vs.

State of Tamil Nadu rep. by Inspector of Police, Tiruvarur All Women Police Station, Tiruvarur District.

(Crime No.4 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.4 of 2021 pending on the file of the respondent. For Petitioner : Mr.N.Palanivel 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 13.04.2021 for the offence under Sections 6, 5(l), 5(J)(ii) of Protection of Children from Sexual Offences Act, 2012 in Crime No.4 of 2021.

3. The case of the prosecution is that the victim is a minor and that on account of the petitioner, she gave birth to a child.

4. Be that as it may, it appears to be a case of consensual relationship. The victim's mother is no more, and her father is also bedridden and as of now, it is only the petitioner, who has to take care of the victim. The incident came to light when the victim went to the gynecologist at Government Hospital for consultation.

5. Taking note of the over all facts and circumstances, 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.

6. 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, TIRUVARUR 2 INSPECTOR OF POLICE, TIRUVARUR ALL WOMEN POLICE STATION, TIRUVARUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE OFFICER INCHARGE, DISTRICT PRISON, NAGAPATTINAM CC to M/S N.PALANIVEL Advocate on payment of necessary charges Sr.5982 CRL OP.8729/2021 Date :06/05/2021 RVR 07/05/2021