Raja v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13063 of 2022 Raja

...Petitioner

Vs.

State, Rep. by The Inspector of Police, Chonambedu Police Station, Chengalpattu District.

Crime No.130 of 2022 ...Respondent PRAYER:-Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.130 of 2022 on the file of the respondent. For Petitioner : Mr.S.Mazhaimeni Pandiyan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.04.2022 for the offence under Sections Women Missing and later altered into Sections 365, 506(1) of IPC read with Sections 8 and 10 of POCSO Act and Sections 10 and 11 of Child Marriage Act in Crime No.130 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner fell in love with the victim girl aged about 17 years and when the same was came to the knowledge of the victim girl's parent, she was married to one Prakash and thereafter the petitioner threatened the victim girl that if she failed to come along with him, he would commit suicide. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. That apart, the petitioner was arrested and remanded to judicial custody on 01.04.2022. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the petitioner fell in love with the victim girl aged about 17 years and when the same was came to the knowledge of the victim girl's parent, she was married to one Prakash and thereafter the petitioner threatened the victim girl that if she failed to come along with him, he would commit suicide, for which, the petitioner kidnapped the victim girl along with her jewels and cash. Hence, he vehemetly opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner i.e., from 01.04.2022, this Court is inclined to grant bail to the petitioner.

6. Accordingly, 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 blood related sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate at Cheyyar 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 twice daily at 10.30.a.m., and 04.30.p.m., for a period of four weeks and thereafter as and when required for interrogation; [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 absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 11/07/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, CHEYYAR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE CHONAMBEDU POLICE STATION, CHENGALPETTU DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, CHENGALPATTU.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.S.MAZHAIMENI PANDIYAN Advocate on payment of necessary charges SR.No.11103 CRL OP.13063/2022 Date :11/07/2022 CSK 11/07/2022