Vasanth v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.14582 of 2024 Vasanth ... Petitioner Vs.

State Rep by.

The Inspector of Police M7 Manali New Town Police Station, Chennai - 600 103. Crime No. 201 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending investigation in Crime No. 201 of 2024 on the file of the respondent police. For Petitioner : Mr.G.Ilamurugu For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. Side)

O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 02.05.2024 for the alleged offences punishable under Sections 366 IPC r/w 5(l), 6(1) of the Protection of Children from Sexual offences Act, 2012, in crime No. 201 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner had eloped with victim girl and had sexual intercourse with her. Hence, the case.

3. The learned counsel for the petitioner submits that out of love of affair the petitioner had eloped with the victim girl. Hence, he prays to allow this petition.

4. The learned Government Advocate (Crl Side) submits that statement of victim girl has been recorded as per Section 164 Cr.P.C.

5. On perusal of the victim girl statement, wherein she stated that both of them love each other with her consent both of them went to the petitioner's native place. Considering the above, victim girl statement is recorded and the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner with the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on 2/5

his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Mahila Court, Thiruvallur, 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 on every Friday and Saturday at 10.30 a.m., for a period of two months 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 3/5

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 abscond, a fresh FIR can be registered under Section 229A IPC.

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T.V.THAMILSELVI,J.

pbl To

1. The Mahila Court, Thiruvallur

2. The Inspector of Police M7 Manali New Town Police Station, Chennai - 600 103.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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