Chandraprasad v. Home, Prohibition And Excise Department
CRL OP NO. 14687 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP NO. 14687 of 2024 Chandraprasad, S/o. Ramesh, No.711, K Block, New Washermenpet, HLL Nagar, Tondiarpet, Chennai - 600 081.
...Petitioner(s)
Vs Home, Prohibition and Excise Department, State of Tamil Nadu, Inspector of Police, W-13, Washermenpet AWPS, Chennai.
...Respondent(s)
For Petitioner(s) :
Mr.Venkatesa Babu For Respondent(s):
Mr.S.Sugendran Additional Public Prosecutor
ORDER
The petitioner who apprehends arrest for the alleged offences under Section 6 of POCSO Act and under Sections 366, 406 and 417 of IPC in Crime No.12 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that one Abigail @ Akshaya lodged a 1\5
complaint against one Chandraprashant stating that they loved with each other and the petitioner promised to marry her. When the victim was 17 years old, the petitioner sexually assaulted and raped her, despite being a minor. On receipt of the complaint, a case has been registered against the petitioner in Crime No.12 of 2024 for offences under Sections Section 6 of POCSO Act and under Sections 366, 406 and 417 of IPC 3.The learned counsel for the petitioner submitted that the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that when the victim was 17 years old, despite being a minor, the petitioner sexually assaulted and raped her.
The petitioner refused to marry her and married another person. Already charge sheet has been filed. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner. 5.Considering the fact that the matter is not settled between the parties and charge sheet has already been filed, I am inclined to grant anticipatory bail to the petitioner. Hence, interim anticipatory bail granted by this Court on 05.07.2024 is made absolute.
6.Accordingly, the petitioner is ordered to be released on anticipatory 2\5
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 XV Metropolitan Magistrate, George Town, Chennai, 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 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 anticipatory 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 3\5
[(2005) AIR SCW 5560]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
25-06-2025 mps To 1.The XV Metropolitan Magistrate, George Town, Chennai, 2.Home, Prohibition and Excise Department, State of Tamil Nadu, Inspector of Police, W-13, Washermenpet AWPS, Chennai.
3.The Public Prosecutor, Madras High Court.
4\5
T.V.THAMILSELVI, J.
mps CRL OP NO. 14687 of 2024 25.06.2025 5\5