C.Panneer v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.15901 of 2020 C. Panneer ... Petitioner Vs.

The State represented by Inspector of police, All women Police Station, Tirupattur District.

Crime No.7 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest in Crime No.7 of 2020 on the file of the respondent police. For Petitioner : Mr.Camyles Gandhi For Respondent : Mr.M. Mohamed Riyaz Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offences publishable under Sections 3(a), 5(i) (ii), 6, 21(1) of POCSO Act, and Under Sections 312, 506(i)of IPC in Crime No.7 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant who is a minor girl aged 15, is that her uncle one Thirupathi, who is the brother of her mother, had committed penetrative sexual assault on her. Due to which she became pregnant and she informed to her mother and her mother had taken her to a lady Doctor for abortion. Hence the complaint.

3. The learned Counsel for the petitioner would submit that only the mother of the victim girl has stated that Thirupathi is the reason for the pregnancy of her daughter and she has only taken her to a lady doctor for abortion. He would further submit that as the petitioner has helped the mother of the victim girl for conducting abortion, his name was falsely implicated in this case. He would further submit that the petitioner is arraigned as A2 and the main accused A1, the brother of the petitioner has been arrested and released on bail. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that that Thirupathi is the relative of the victim, who had committed sexual assault on the victim girl and made her pregnant and the mother of the victim girl had taken her for abortion to a lady Doctor. He would further submit that statements u/s.164 Cr.P.C. has been recorded from the victim girl and A1, the brother of the petitioner who is the main accused has been arrested and later released on bail. However, he vehemently opposed the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. Taking into consideration of the facts and circumstances of the case and that statements u/s.164 Cr,P.C. has been recorded from the victim girl and the A1 has been arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

7. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the order is made ready, before the Mahila Court Thirupattur , on condition that the petitioner shall execute 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 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 every day at 10.30 a.m., for a period of two weeks and thereafter every monday 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 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 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. With the above directions, this Criminal Original Petition is ordered.

-sd/- 08/10/2020 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 MAHILA COURT, THIRUPATTUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUPATTUR DISTRICT.

CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges Sr.6722 CRL OP.15901/2020 Date :08/10/2020 RVR 15/10/2020