E.Dinesh Kumar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11319 of 2022 E.DINESH KUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VELLORE, VELLORE DISTRICT.

[ RESPONDENT ] (CRIME NO.06 OF 2022) For Petitioner : M/S.T.DHASARATHAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 26.02.2022 for alleged offence under Section 376(2) IPC and Sections 5(i), 5(j)(ii) and 6 of POCSO Act in Crime No.06 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is alleged to have committed sexual assault on the victim girl, who is aged about 17 years and she also became pregnant.

3. Learned Government Advocate (Criminal Side) submitted that the victim girl in the statement given under Section 164 Cr.P.C has stated that she had love affair with the petitioner and the petitioner promised to marry the victim girl and had sexual

intercourse with her and as a result of the same, she became pregnant. Thereafter, the petitioner refused to marry her.

4. Learned counsel for the petitioner submitted that there was love affair between the petitioner and the victim girl and a false case has been foisted against the petitioner.

5. Taking into consideration the facts and circumstances of the case and also the age of the petitioner and also the fact that the petitioner has already suffered incarceration for a period of nearly 80 days, this Court is inclined to enlarge the petitioner on bail by imposing stringent conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties, each for a like sum to the satisfaction of the Special Judge for Exclusive Trial of Cases under POCSO Act, Vellore, and on further conditions that:- [a] 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. [b] the petitioner shall report before the respondent police as and when required.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial.

[e]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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/05/2022 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, VELLORE DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VELLORE, VELLORE DISTRICT.

+1 CC to M/S.T.DHASARATHAN Advocate on payment of necessary charges SR.No. 7338 CRL OP.11319/2022 Date :19/05/2022 SP(19/05/2022)