Madras High CourtCRL OP/9266/2021disposed of

S.B.R.Kannan v. State Rep By

2021-06-14Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.9266 of 2021 S.B.R. Kannan ... Petitioner Vs.

The State rep.by its Inspector of Police, W-3 All Women Police Station, Washermenpet, Chennai (Cr.No.18 of 2020) ... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioner on bail in the event of his arrest by the respondent police. For Petitioner : Mr.S.N. Arun Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The Petitioner, was arrested and remanded to judicial custody on 07.01.2021 for the offence punishable under under Sections 3 r/w 4,5(a) (iv) r/w 6, 5(g) r/w 6,5(c) r/w 6,5 (i) r/w 6, 6 r/w 17 of POCSO Act 2012, Section 376(3), 376-DA, 370(4), 370(A) (1) of I.P.C Section 3(2), 4(1), 5(1)(a) (i) of immoral traffic ( Prevention) Act, 1956, in Crime No.18 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused person insisted the daughter of the defacto complainant to commit prostitution.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate submits that the earlier petitions filed by the petitioner in Crl.O.P.No.26236,6035 and 5594 of 2021 had been dismissed by this Court. Hence he opposed for grant of bail to the petitioner.

5.Considering the nature of offence committed by the petitioner and that the earlier petitions filed by the petitioner was dismissed by this Court, this Court is not inclined to grant bail to the petitioner.

6. It is submitted that the learned counsel for the petitioner that the petitioner is suffering from covid-19 and he is also having several health issues such as diabetic,blood pressure. Hence he prays that a direction may be issued to the jail authorities to provide necessary treatment.

7. It is the case of the petitioner that he is suffering from many ailments and the jail authorities shall provide him necessary and adequate medical treatment to the petitioner.

8. In view of the above this Court is inclined to grant liberty to the petitioner to take treatment in any hospital at his own expense subject to the following conditions: (i) the petitioner shall be accompanied by two escorts and the expenses of the escorts and transportation charges will be borne by the petitioner himself.

(ii) While the petitioner is in treatment, he shall not contact any other persons physically or through phone other than his relatives.

(iii) The petitioner shall surrender before the concerned prison immediately after he is tested negative. Accordingly, this Criminal Original Petition is disposed of with the aforesaid observation and direction. -sd/- 14/06/2021 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 THE LEARNED JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, CHENNAI 2 THE INSPECTOR OF POLICE, W-13, ALL WOMEN POLICE STATION, WASHERMENPET, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

+2CC to M/S.S.N.ARUNKUMAR Advocate on payment of necessary charges SR NO.6476 CRL OP.9266/2021 Date :14/06/2021 TA-17/06/2021 MK:21/06/2021