Velmurugan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.14037 of 2021
1. Velmurugan
2. Govindammal
...Petitioners
Vs.
State rep by its Inspector of Police, Orathy Police Station, Chengalpet District.
(Crime No.596 of 2020) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail pending investigation in Crime No.596 of 2020 on the file of the respondent police.
For Petitioners : Mr.P.Surendran For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioners who were arrested on 20.07.2021 and remanded to judicial custody for the offences under Sections 417, 376, 313 of IPC @ 417, 376, 313, 352, 34 of IPC r/w 5(1), 6, 17 of POCSO Act, in Crime No.596 of 2020 on the file of the respondent police, seek bail.
2. The case of the prosecution is that there was a love affair between the A1 and the victim girl and A1 has made sexual intercourse with the victim girl. The petitioners are the parents of A1. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. Hence he prays for grant of bail to the petitioners. 4.The learned Government Advocate (Crl.Side) 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 went along with A1, there is no serious allegation against the petitioners.
5. This Court had perused the statement of the victim under Section 164 of Cr.P.C. which reveals that the victim, on her own volition, she went along with A1 and there is no serious allegation against the petitioners and considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners.
6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 Judge under Exclusive trial for POCSO Act, Chengalpet, 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 petitioners shall report before the respondent police, daily at 10.30 a.m. for a period of two 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 26/08/2021 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 JUDGE UNDER EXCLUSIVE TRIAL FOR POCSO ACT, CHENGALPET 2 THE OFFICER INCHARGE, SUB JAIL, CHENGALPET 3 THE SUPERINTENDENT, SPECIAL JAIL FOR WOMEN, PUZHAL, CHENNAI 4 INSPECTOR OF POLICE, ORATHY POLICE STATION, CHENGALPET DISTRICT 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S P.SURENDRAN Advocate on payment of necessary charges Sr.9156 CRL OP.14037/2021 Date :26/08/2021 RVR 27/08/2021