Vijayakumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Vijayakumar ...Petitioner Vs.

State Represented by Inspector of Police, Omalur All Women Police Station, [Crime No.7 of 2022] ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with the Crime No.7 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.E.Elumalai For Respondent : Mr.A.Damodaran, Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.06.2022 for the offences punishable under Sections 9(f) read with Section 10 and 11(i), (iv) read with Section 12 of the POCSO Act in Crime No.7 of 2022, seeks bail.

2. The case of the prosecution is that, there are totally three victims in this case. The petitioner is taking NEET coaching class to the students. It is alleged that the petitioner harassed the victim girl by touching their hip, shoulder and back. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. That apart, the petitioner has been suffering incarceration from 06.06.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that there are three victims in this case. The petitioner used to touch the victim girls while taking class to the students. Hence, he opposed to grant bail to 2/6

the petitioner.

5. On perusal of the FIR, this Court finds that there is no sexual assault on the victim girl and therefore custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant bail to the petitioner.

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 blood related sureties, each for a like sum to the satisfaction of the Sessions Judge Court (Special Court for POCSO Act cases) Salem District 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 05.30 p.m. for a period of six weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or 3/6

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.

22.07.2022 Sma To

1. Sessions Judge Court 4/6

(Special Court for POCSO Act cases) Salem District

2. Inspector of Police, Omalur All Women Police Station, 3.Central Prison, Salem 4.The Public Prosecutor, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.16615 of 2022 22.07.2022 6/6