Muthu @ Muthukrishnan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Third day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.12085 of 2022 MUTHU @ MUTHUKRISHNAN [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARANI TOWN POLICE STATION, ARANI, TIRUVANNAMALAI DISTRICT.

CRIME NO.232 OF 2022 For Petitioner : M/S.B.JAWAHAR 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 12.04.2022 for the alleged offence under Sections 366 (A) of I.P.C. altered to 366(A) I.P.C. and Sec.5(1), 6 of POCSO Act and Section 9 and 10 of Prohibition of Child Marriage Act, in Crime No.232 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had kidnapped a minor victim girl and forcibly married her and also committed penetrative sexual assault on the minor victim girl.

3. Heard Mr.B.Jawahar, learned counsel for the petitioner and Mr.S.Santhosh, learned Government Advocate (Crl.Side) for the respondent Police.

4. This Court carefully went through the 164 statement recorded from the minor victim girl. It is seen that there was a love affair between the petitioner and minor victim girl for nearly four years and

both of them left to Chennai and were staying together in a house for two days and thereafter, they came back. The statement of minor victim girl does not speak about any sexual assault committed on her.

5. Taking into consideration of the facts and circumstances of the case and also the statement given by a minor victim girl and also of the fact that the petitioner had already suffered incarceration for nearly 41 days, this Court is inclined to enlarge the petitioner on bail.

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 learned Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai 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/- 23/05/2022 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 COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, TIRUVANNAMALAI.

2 THE INSPECTOR OF POLICE, ARANI TOWN POLICE STATION, ARANI, TIRUVANNAMALAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.B.JAWAHAR Advocate on payment of necessary charges CRL OP.12085/2022 Date :23/05/2022 JPA 24/05/2022