Karthik @ Pups Karthik v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Karthik @ Pups Karthik, S/o. Rajendiran ... Petitioner Vs.

The State represented by, The Inspector of Police, AWPS West Police Station, Coimbatore.

(Crime No.9 of 2019) ... Respondent Prayer : Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C. to modify the condition imposed on the petitioner by the learned Special Court for Exclusive Trail of cases under POCSO Act, Coimbatore by an order dated 04.03.220 made in C.M.P.No.142 of 2020 "The petitioner is ordered to be released on bail executing a bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like sum and thus render justice. For Petitioner : Mr.M. Vinoth For Respondent : Mr. M. Mohamed Riyaz Additional Public Prosecutor 1/5

O R D E R

(The case has been heard through video conference) This Criminal Original Petition has been filed to modify the condition imposed on the petitioner by the learned Special Court for Exclusive Trail of cases under POCSO Act, Coimbatore by an order dated 04.03.220 made in C.M.P.No.142 of 2020 "The petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like sum.

2. The learned counsel for the petitioner would submit that the petitioner was arrested in crime No.9 of 2019 registered by the respondent for the offence under Sections 5(u) read with 6, 9(g) read with 10, 13, 14(1) and Section 17 of POCSO Act, 2012 and Section 354(B), 506(ii) of IPC. The petitioner was arrested and remanded to judicial custody on 04.12.2019. Since the final report has not been filed, the petitioner filed application for bail under Section 167(ii) of Cr.P.C. on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore and the learned Special Court has granted bail to the petitioner with a condition to execute a bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like 2/5

sum. He would submit that the petitioner is unable to furnish surety for an amount of Rs.25,000/- (Rupees Twenty five thousand only). He would further submit that the petitioner is still in Judicial custody from 04.12.2019.

3. Taking into consideration the facts and circumstances of this case, the condition imposed on the petitioner in CMP.No.142 of 2020 dated 04.03.2020 is modified to the effect that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with one surety for a like sum. The other conditions imposed will remain intact. 29.09.2020 Index: Yes/No Internet : Yes/No mp To

1. The Inspector of Police, AWPS West Police Station, Coimbatore.

2. The Public Prosecutor, High Court, Madras.

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A. D. JAGADISH CHANDIRA , J.

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