Velmurugan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14582 of 2021 VELMURUGAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RASIPURAM, NAMAKKAL DISTRICT.
CRIME NO.1012 OF 2021 For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) 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 5(1), 6 POCSO Act, in Crime No.1012 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner had love affair with the victim minor girl and thereby had sexual relationship with her. Hence the defacto complainant filed a complaint before the law enforcing agency.
3.The learned counsel appearing for the petitioner submits that the petitioner did not committed any offence as alleged by the prosecution and he have been falsely implicated in this case. 4.The learned Government Advocate (Crl.Side) submits that the petitioner had love affair with the victim minor girl and thereby had sexual relationship with her. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. This court perused the 164 statement of the victim girl. On perusal of 164 statements reveals that the victim girl on her own volition went along with the petitioner and had sexual relationship. She wants to perform marriage only with the petitioner.
6. Considering the facts and circumstances of the case, this court inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Rasipuram 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/- 15/09/2021 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 JUDICIAL MAGISTRATE, RASIPURAM 2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RASIPURAM, NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.10066 CRL OP.14582/2021 Date :15/09/2021 JPA 04/10/2021