R.Karunambikai v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10868 of 2021 R. Karunambikai ... Petitioner Vs.

State Rep by ... Respondent DSP, CBCID, OCU-II Chennai (Cr.No.3 of 2021) 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 her arrest in Crime No.3 of 2021 on the file of the respondent police.

For Petitioner : M/s Gupta and Ravi For Respondent : Mr.E. Raja Thilak Government Advocate (Crl.Side)

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 354, 363, 365, 366 and 109 of I.P.C and Section 4 of TNPHW Act, 2002 in Crime No.3 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is a old student of Sushil Hari International School, Kelambakkam. The allegation is that one Divya Balasubramaniam who is a classmate of the complainant took the complainant and her sister to the accused Siva Shankar Baba's place and A1 offered juice to the victims and touched their private parts sexually. The victims further submit that the petitioner/Karunambikai took her friend Syed Ali Fathima to the accused Siva Shankar Baba's and she was also sexually assaulted by A1. Hence, the law enforcing agency registered the case against the petitioner..

3.The learned counsel appearing for the petitioner submits that the petitioner has no role to play in this crime and the main accused in this crime is one Divya Balasubramanian. He further submits that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) submits that the petitioner assisted the accused to commit the crime. He further submits that the main accused A1/Siva Shankar Baba has already been arrested and investigation is not yet completed. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.

Considering the facts of the case and on perusal of 164 statements that there is no direct allegation against this petitioner and the main accused A1/Siva Shankar Baba has already been arrested, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Special Court For CB-CID Cases, Egmore on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand Only), with two sureties each for a Special Court For CB-CID Cases, Egmore and on further condition that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

(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 petitioners 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;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 05/07/2021 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 CB-CID CASES, EGMORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE DSP, CBCID, OCU-II, CHENNAI.

+1 CC to M/S.GUPTA AND RAVI Advocate on payment of necessary charges SR.NO.7098 CRL OP.10868/2021 Date :05/07/2021 TA-30/07/2021