Chanduru v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15398 of 2022 Chanduru
...Petitioner
Vs.
State, Rep. by The Inspector of Police, Tirupapuliur Police Station, Cuddalore District.
Crime No.425 of 2022 ...Respondent PRAYER:-Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.425 of 2022 on the file of the respondent. For Petitioner : Mr.K.T.S.Sivakumar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.06.2022 for the offence under Sections 366(A) of IPC and Sections 5(1), 6 of POCSO Act, 2012 in Crime No.425 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner fell in love with the victim girl aged about 15 years and thereafter on the pretext of marriage, the petitioner kidnapped the victim girl and had sexual intercourse. Hence, the complaint.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. That apart, the petitioner was arrested and remanded to judicial custody on 06.06.2022. Hence, he prays for grant of bail to the petitioner.
4.The learned Additional Public Prosecutor submitted that the statement of the victim girl under Section 164 of Cr.P.C was recorded. However, he vehemetly opposed to grant bail to the petitioner.
5. On perusal of the statement of the victim girl recorded under Section 16 of Cr.P.C reveals that the victim girl aged about 15 years was in love with the petitioner and thereafter on her own volition she went along with the petitioner.
6. Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner i.e., from 06.06.2022, this Court is inclined to grant bail to the petitioner.
7. Accordingly, 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 blood related sureties, each for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of Case under POCSO Act, Cuddalore and on further conditions 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 twice daily at 10.30.a.m., and 04.30.p.m., for a period of four weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 11/07/2022 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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASE UNDER POCSO ACT, CUDDALORE.
2 THE INSPECTOR OF POLICE TIRUPAPULIUR POLICE STATION, CUDDALORE DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON,CUDDALORE.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.K.T.S.SIVAKUMAR Advocate on payment of necessary charges SR.No.11115 CRL OP.15398/2022 Date :11/07/2022 CSK 11/07/2022