Vetrivel v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13573 of 2022 VETRIVEL [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VIRUDHACHALAM CUDDALORE DISTRICT CRIME NO.19 OF 2022.

For Petitioner : M/S.G.SUDHA Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 5(I), 5(j)(ii) r/w Section 6 of Protection of Child from Sexual Offences Act, 2012, in Crime No.19 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a love affair between the petitioner and the defacto complainant who is aged about 17 years. It is alleged that on the pretext of marrying the defacto complainant, the petitioner performed sexual intercourse with her thereby, she became pregnant. It is further alleged that the petitioner refused to marry the defacto complainant. Hence, the defacto complainant lodged a complaint against the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that now the petitioner is ready to marry the victim girl after attained majority. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions submits that the statement of the victim girl under Section 164 Cr.P.C has been recorded and further investigation was almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case and also considering the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions that:

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 on which the order copy made ready, before the learned Sessions Judge, (Special Court for POCSO cases), Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood sureties (the sureties shall be a blood relative of the accused,) each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 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 twice at 10.30 a.m. and 5.30 p.m for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7. The petitioner shall produce the Marriage Registration Certificate on or before 04.07.2022 before the respondent police. If the petitioner fails to produce the same, the anticipatory bail granted to the petitioner shall automatically stands cancelled. -sd/- 13/06/2022 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 SESSIONS JUDGE, (SPECIAL COURT FOR POCSO CASES), CUDDALORE 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VIRUDHACHALAM, CUDDALORE DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.G.SUDHA Advocate on payment of necessary charges SR.NO.8941 CRL OP.13573/2022 Date :13/06/2022 JPA 20/06/2022