Mani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.9800 of 2024 Mani ... Petitioner Vs.

State Rep by.

The Station House officer, V.Kalathur Police Station, Perambalur Crime No. 43 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in crime No. 43 of 2024 on the file of the respondent.

For Petitioner : Mr.G.Prabhu For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. Side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 28.02.2024 for the alleged offences punishable under Sections Sections 5(l), 5(j), (ii), 6 (1) of POCSO Act, in crime No. 43 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police stating that her daughter was raped by the petitioner. Hence, the case.

3. The learned counsel for the petitioner submits that out of love affair they had the petitioner had sexual intercourse with the victim girl. He prays to allow this petition.

4. The learned Government Advocate submitted that the statement of the victim girl has been recorded under Section 164 Cr.P.C.

5. The statement of victim girl has been recorded, wherein, she stated that when she went to the petitioner's house she was raped by the petitioner. Thereafter, the petitioner's father asked the victim's father to 2/5

arrange the marriage to them for which the victim girl's father was refused.

6. Considering the relationship of the parties and also the statement of the victim girl has been recorded and also the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Principal Sessions Judge Mahila court, Perambalur, 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 on every Saturday and Sunday at 10.30 a.m. for a period of three months and shall not have any communication with the victim girl;

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[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 abscond, a fresh FIR can be registered under Section 229A IPC.

23.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The Principal Sessions Judge Mahila court, Perambalur.

2. The Station House officer, V.Kalathur Police Station, Perambalur.

3. The sub Jail, Lalgudi, Trichy.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9800 of 2024 23.04.2024 5/5