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Madras High CourtCRL OP/13204/2021granted

Shaik Rahaman @ Abdul Rahaman v. State Rep.By

2021-08-04Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13204 of 2021 Shaik Rahaman @ Abdul Rahaman .. Petitioner Vs.

State Rep. By .. Respondent The Inspector of Police, T-14, Mangadu Police Station, Chennai Cr.No.674 of 2021.

PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C prayed to enlarge on bail in connection with the case in Cr.No.674 of 2021 pending on the file of the respondent police. For Petitioner : Mr.G. Magesh Kumar For Respondent : Mr.C.E. Pratap Government Advocate (Criminal Side)

ORDER

The petitioner who was arrested on 08.07.2021 and remanded to judicial custody for the offences under Sections 363 of IPC r/w Section 6 of Protection of Children from Sexual Offences Act 2012, in Crime No.674 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the victim girl fell in love with each other and the same was refused by the parents of the victim girl. Thereafter the parents of the victim girl arranged marriage of the victim girl. Subsequently, the petitioner eloped with the victim girl and sexually assaulted her. Based on the complaint given by the father of the victim girl, the law enforcing agency registered a case against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner and the victim girl fell in love each other. He further submits that the victim girl on her own volition came out of the house to marry the petitioner. Apart from that he has not committed any offence as alleged by the prosecution and he has been falsely implicated in the case and he is judicial custody from 08.07.2021. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate submitted that statement of the victim girl u/s 164 Cr.P.C. has been recorded, in which, the victim has admitted that on her own volition she left her parental home and went with the petitioner.

5.On perusal of the statements recorded under Section under 164 of Cr.P.C, it is made clear by the victim girl that she on her own volition came out her house to marry the petitioner.

6. Considering the facts and circumstances of the case and as per the statement of the victim girl u/s 164 Cr.P.C., the girl had admitted that she had, on her own, left her home and eloped with the petitioner and also considering the fact that the petitioner having been under incarceration from 08.07.2021, this Court is inclined to grant bail to the petitioner with following conditions:

7. 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 Special Court for Exclusive Trial of cases under POCSO Act, Chengalpattu, 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/- 04/08/2021 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, CHENGALPATTU.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, T-14, MANGADU POLICE STATION, CHENNAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

+1 CC to M/S.G.MAGESHKUMAR Advocate on payment of necessary charges SR.NO.8143 CRL OP.13204/2021 Date :04/08/2021 TA-05/08/2021