Periyasamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12099 of 2021 Periyasamy ... Petitioner Vs.

The State Represent by ... Respondent The Inspector of Police, Karimangalam Police Station, Dharmapuri District Cr.No.311 of 2021.

PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in connection with the case in Cr.No.311 of 2021 pending investigation on the file of the respondent Police.

For Petitioner : Mr.N.Ponraj For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

ORDER

The petitioner, who was arrested on 05.06.2021 and remanded to judicial custody for the offences under Sections 9 and 11 of Child Marriage Restraint Act and Section 5(1) read with Section 6 of POCSO Act, 2012 in Cr.No.311 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the Child Welfare Committee lodged a complaint stating that the victim, who is a minor, got married with A1 on compulsion of her family on 29.04.2021 and A1 made sexual assault on her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is a father of the defacto complainant and he is no way connected with the alleged offences and he has been falsely implicated in this case. Hence he prays for grant of bail.

4. The learned Government Advocate (Crl.Side) submitted that the defacto complainant has been produced before the learned District Munsif cum Judicial Magistrate, Penngaram. The statement of 164(5) Cr.P.C has been recorded, in which, she has not stated any serious allegation against the petitioner. On her own volition, she got married with A1. 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 and further considering the period of incarceration suffered by the petitioner and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of Sub Jail, Dharmapuri, in which the petitioner is confined and on such execution the petitioner shall be released from prison;

(b) Within a period of four weeks after the release, the petitioner shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Palacode;. (c) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioner is permitted to file appropriate petition within a period of four week therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated. (d)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;

(e)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders; (f)the petitioner shall not tamper with evidence or witness either during investigation or trial; (g)the petitioner shall not abscond either during investigation or trial;

(h)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;

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

-sd/- 16/07/2021 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 JUDICIAL MAGISTRATE, PALACODE.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.

5 THE OFFICER INCHARGE SUB JAIL, DHARMAPURI.

+1 CC to M/S. N.PONRAJ Advocate on payment of necessary charges SR.NO.7493 CRL OP.12099/2021 Date :16/07/2021 TA-19/07/2021