R.Rajagopal v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.15372 of 2021 R. Rajagopal ... Petitioner Vs.
The State rep by its The Inspector of Police, Siruvalur Police Station, Erode District.
(Crime No.98 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C prayed to enlarge the petitioner on bail pertaining to Crime No.98 of 2021 pending investigation on the file of the respondent.
For Petitioner : Mr.T. Gobinath For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested and remanded to judicial custody on 03.07.2021 for the offences under Section 366 of IPC and 5(1) read with 6 of POCSO Act, 2012 in Crime No.98 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the victim girl loved each other and the victim girl eloped with the petitioner for the purpose of getting married. Based on the complaint given by the mother of the victim girl, the law enforcing agency registered the case. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the victim girl on her own volition came out of her house and the petitioner has been jail from 03.07.2021. Hence he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that the statement of 164 Cr.P.C has been recorded , in which, she has not stated any serious allegation against the petitioner. He further
submits that the victim girl has been secured. Hence, the learned Government Advocate has no serious objection to grant bail to the petitioner.
5. This Court is of the view that on perusal of the 164 statement, there is no serious allegation made against the petitioner, on her own volition, she went along with the petitioner and the victim girl has been secured and further considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the 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 sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Erode 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 petitioner shall report before the respondent police, daily 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/ 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/- 27/08/2021 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 LEARNED SESSIONS JUDGE, MAGALIR NEETHIMANDRAM, FAST TRACK MAHILA COURT, ERODE.
2 THE SUPERINTENDENT CENTRAL PRISON, COIMBATORE.
3 THE INSPECTOR OF POLICE, SIRUVALUR POLICE STATION, ERODE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.T.GOBINATH Advocate on payment of necessary charges CRL OP.15372/2021 Date :27/08/2021 RW 31/08/2021