Poongavanam@Suman v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.05.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No. 9349 of 2021 Poongavanam @ Suman ... Petitioner Vs.
State, Rep. by Inspector of Police, Cheyyar Police Station, Thiruvannamalai District.
(Crime No.3288 of 2020) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in Crime No.3288 of 2020 on the file of respondent Police.
For Petitioner : Mr.V.R.Appaswamee For Respondent : Mr.E.Rajthilak Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested on 20.03.2021 and remanded to judicial custody for the offences under Sections 366(A), 109, 363, 365, 376 (2) (n) of IPC and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act 2006 in Cr.No.3288 of 2020 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner had kidnapped the victim girl aged about 16 years and had forcibly sexual intercourse with her. Hence, the law enforcing agency registered a case against the petitioner.
3.The learned counsel for the petitioner submits that there was a previous enmity between the petitioner's family and the defacto complainant's family. The petitioner did not commit any offence as alleged by the prosecution. Therefore, he prays to grant bail to the petitioner.
4.The learned Government Advocate (Crl.Side) vehemently opposed the grant of bail by stating that the petitioner kidnapped the victim girl and had forcible sexual intercourse. The victim girl has stated that he is not ready for marriage with the petitioner. 5.This Court paid its anxious consideration to the rival submissions and also perused the materials available on record. 6.Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner. 7.Accordingly, the petitioner is ordered to to be released on bail subject to the following conditions:- (a) the petitioner shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand Only) before the Superintendent of the Central Prison, Vellore, in which the petitioner is confined and on such execution the petitioner shall be released from prison; (b) Within a period of four weeks after the release, the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for like sum to the satisfaction of the Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvannamalai.
(c) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioner is permitted to file appropriate petition within a period of four weeks therefrom before the concerned Magistrate for extension of time for executing the bond long with sureties and if any such application is filed, the concerned Session Judge shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated; (d)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(e)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;
(f)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g)the petitioner shall not abscond either during investigation or trial;
(h)on breach of any of the aforesaid conditions, the learned 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]; and; (i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 20/05/2021 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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THIRUVANNAMALAI.
2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, THIRUVANNAMALAI DISTRICT.
+1 CC to M/S.V.R.APPASWAMEE Advocate on payment of necessary charges SR.No.6265 CRL OP.9349/2021 Date :20/05/2021 cs 26/05/2021