Ananthakumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.05.2021
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.9583 of 2021 Ananthakumar ... Petitioner Vs.
State represented by The Inspector of Police, Thiruvannamalai Taluk Police Station Thiruvannamalai.
Crime No.112 of 2021.
... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.112 of 2021 on the file of the respondent police. For Petitioner : Mr.M.Mariappan For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)
ORDER
The petitioner who was arrested on 05.03.2021 and remanded to judicial custody for the offences under Sections 363, 366(A) of IPC and 5 (1), 6 of POSCO Act, 2012 in Cr.No.112 of 2021 on the file of the respondent police, seeks bail. 2.Case of the prosecution is that on 19.02.2021 the petitioner kidnapped the victim girl, who is studying 10th standard at Government Higher Secondary School, Vaividanthangal. Hence her parents lodged a complaint before the respondent police.
3. The learned counsel for the petitioner submit that the petitioner is an innocent person and he is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 05.03.2021. Therefore, he prays to grant bail to the petitioner. 4.The learned Government Advocate (Crl.Side) concedes that there is no previous case pending against the petitioner and investigation is in progress. He would further submit that the petitioner kidnapped the victim girl, who is aged below 18 years and committed the offence as mentioned above.
5.Considering the peculiar nature of the case, period of incarceration suffered by the petitioner and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioner 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) (i) After the lockdown restrictions are raised and normal time is restored, the restrictions are totally raised, the petitioner shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum amount each to the satisfaction of the learned The Special Judge for Exclusive Trial of Cases under POCSO Act, Thiruvannamalai. The same shall be executed within a period of one month from the date the lockdown restrictions are raised.
(ii) If for any reason, the petitioner is not able to execute bond within the specified time, the petitioner shall approach this Court and file a petition seeking extension of time for the same.
(iii) While executing the bond, the sureties shall furnish proof of identity and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate shall obtain a copy of their Aadhar card or Voter ID or Driving license or Bank pass Book to ensure their identity to the satisfaction of the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Thiruvannamalai.
(c) After the lockdown restrictions are raised, normal time is restored, the petitioner shall abide by the following conditions imposed by this Court. He/she shall not interfere, influence or cause hindrance to the pending investigation.
(d) He/she shall not influence, threaten or coerce the witness either during investigation or trial; (e)the petitioner shall not abscond either during investigation or trial;
(f)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;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 27/05/2021 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 JUDGE 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 TIRUVANNAMALAI TALUK POLICE STATION, TIRUVANNAMALAI.
CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges CRL OP.9583/2021 Date :27/05/2021 MK:31/05/2021