Pugazhnathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Third day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14444 of 2021 PUGAZHNATHAN [ PETITIONER / ACCUSED ] Vs STATE REP BY STATION HOUSE OFFICER, NETTAPAKKAM POLICE STATION, NETTTAPAKKAM PUDUCHERRY, AND TRANSFERRED TO ALL WOMEN POLICE STATION, VILLIANUR, PUDUCHERRY CRIME NO.182/2020 [ RESPONDENT ] For Petitioner : M/S. P.SURESH BABU ADVOCATE For Respondent : MR. V.BALAMURUGAN, PUBLIC PROSECUTOR PUDUCHERRY. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Section 8 of POCSO and Sections 323, 34, 436, 506(II), 120B of I.P.C. in Cr.No.182 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with the other accused is alleged to have teased the defacto complainant's minor daughter.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in the case. He further submitted that the co-accused has already been enlarged on bail.

4.Heard the submissions made by the learned Government Advocate (Crl. Side).

5.This Court perused the statement of the victim recorded under Section 164 of Cr.P.C. There is no serious allegations levelled as against the petitioner. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Principal District Judge as Special Judge on POSCO Act, Puducherry, 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 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 Court concerned 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. for a period of two weeks and thereafter as and when required for interrogation;

(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/- 23/08/2021 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 PRINCIPAL DISTRICT JUDGE AS SPECIAL JUDGE ON POSCO ACT, PUDUCHERRY.

2 STATION HOUSE OFFICER, NETTAPAKKAM POLICE STATION, NETTTAPAKKAM, PUDUCHERRY, AND TRANSFERRED TO ALL WOMEN POLICE STATION, VILLIANUR, PUDUCHERRY 3 THE PUBLIC PROSECUTOR PUDUCHERRY.

+1 CC to M/S. P.SURESH BABU Advocate on payment of necessary charges SR.NO. 9013 CRL OP.14444/2021 Date :23/08/2021 JPA 31/08/2021