Vignesh v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Vignesh ..Petitioner Vs.

The State Rep by The Inspector of Police, All Woman Police Station, Sethiyathop Cuddalore District.

(Crime No.8 of 2023) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to release on bail in Crime No.8 of 2023 on the file of the respondent Police.

For Petitioner : Mr.R.V.Preetham Balajee For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) 1/7

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.05.2023 for the offences punishable under Sections 5 (l), 5 (j) (ii) and 5 (n), 6 of POCSO Act in Crime No.8 of 2023 on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner submitted that, petitioner and victim girl were in love with each other. Petitioner is in judicial custody from 14.05.2023. Therefore, he prays for grant of bail to the petitioner.

3.In response, the learned Government Advocate (Criminal Side) submitted that petitioner and victim girl were lovers and petitioner made victim girl pregnant. Section 164 Cr.P.C. statement of victim girl was recorded and she reiterated that sexual intercourse petitioner had with her, in her statement. Medical examination of the victim girl is over. 4.Considering the fact that petitioner is aged 22 years and the 2/7

victim girl was 14 years and also the fact that petitioner is in judicial custody from 14.05.2023 and that investigation is completed, final report is filed and it is taken on file in Spl.C.C.No.81 of 2023 on the file of the POCSO Court, Cuddalore, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Judge (For the offences under POCSO Act Cases) at Cuddalore, 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 daily at 10.30.a.m., until further orders.

[c] the petitioner shall not abscond either during 3/7

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 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.

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To 1.Special Judge (For the offences under POCSO Act Cases) at Cuddalore, 2.The Inspector of Police, All Woman Police Station, Sethiyathop Cuddalore District.

3.Central Prison, Cuddalore.

4.The Public Prosecutor, High Court of Madras 5/7

G.CHANDRASEKHARAN. J.

ep 6/7

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