← Library
Madras High CourtCRL OP/12016/2021granted

Venkatesan v. State Rep. By

2021-08-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12016 of 2021 Venkatesh ... Petitioner Vs.

State Rep, by ... Respondent Inspector of Police, Vandavasi AWPS Tiruvannamalai District.

(Crime No.234 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in Crime No.234 of 2021 on the file of the respondent police.

For Petitioner : Mr.K.Shanmugam For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 08.06.2021 and remanded to judicial custody for the offences under Section 366(A), 376(1) r/w 5 (1), 6 of POCSO Act 2012 and 9 of Prohibition of Child Marriage Act 2006, in Crime No.234 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had kidnapped the minor girl and sexually assaulted on her. Based on the complaint given by the mother of the minor girl.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the petitioner has been jail from 08.06.2021. He further submits that the petitioner and the victim girl are close relatives and love each other. Further, the victim girl was brutally attacked by her mother and forcibly drove out the victim girl from home by throwing her dresses out from home. He further submits that the petitioner had secured the victim girl and lived with his sister's house at Chennai. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the statement of 164 Cr.P.C has been recorded , in which, she has not stated any serious allegation against the petitioner. He further submits that the victim girl has been secured. Hence, the learned Government Advocate has no serious objection to grant bail to the petitioner.

5. This Court is of the view that on perusal of the 164 statement, there is no serious allegation made against the petitioner, on her own volition, she went along with the petitioner and the victim girl has been secured and further considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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, 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 condition 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, daily at 10.30 a.m. until further orders; (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]; and;

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

-sd/- 03/08/2021 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 EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, TIRUVANNAMALAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, VANDAVASI AWPS, TIRUVANNAMALAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

+1 CC to M/S.K.SHANMUGAM Advocate on payment of necessary charges SR.NO.8092 CRL OP.12016/2021 Date :03/08/2021