Ranjith v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.17621 of 2021 Ranjith ... Petitioner Vs.

The State represented by Inspector of Police, Kallavi Police Station, Krishnagiri District ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail concerned in Crime No.179 of 2021 pending on the file of the respondent police. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.A. Gopinath Government Advocate (Crl side)

ORDER

The petitioner who was arrested on 25.08.2021 and remanded to judicial custody for the offences under Section 11(4) and 12 of Tamil Nadu Protection of Children from Sexual Offence Act 2012 r/w Section 506(ii) of I.P.C in Crime No.179 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there was love affair between the petitioner and the daughter of the defacto complainant. While so, the petitioner continuously uploaded the victim's photo with some unnecessary text messages in the social media. Hence the law enforcing agency registered a case against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner expressed his love to the victim girl through what's up. Apart from that he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner has been jail from 25.08.2021. 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 from the mother of the victim girl , in which she has stated that the petitioner has only forwarded some text message proposing that the petitioner fell in love with the victim girl, that apart she has not stated any serious allegation against the petitioner. 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, 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, Fast Track Mahila Court, Krishnagiri, 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/- 23/09/2021 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 SESSIONS JUDGE, FAST TRACK MAHILA COURT, KRISHNAGIRI.

2 THE INSPECTOR OF POLICE, KALLAVI POLICE STATION, KRISHNAGIRI DISTRICT.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

CC to M/S.E.KANNADASAN Advocate on payment of necessary charges CRL OP.17621/2021 Date :23/09/2021 INBA 24/09/2021