Rajendran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Rajendran

...Petitioner

Vs.

State represented by Inspector of Police, All Women Police Station, Tiruthuraipoondi, Tiruvarur District.

(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 Crime No.7 of 2022 on the file of the respondent police.

For Petitioner :Mr.N.Palanivel For Respondent :Mr.A.Damodaran, Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.06.2022 for the offences punishable under Sections 366(A), 506(ii) IPC and 5(l) read with Section 6 of POCSO Act, 2012 in crime No.7 of 2022 on the file of the respondent police, seek bail.

2. On perusal of the statement of the victim girl recorded under Section 164 of Cr.P.C revealed that the petitioner attempted to commit penetrative sexual assault on her.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks for bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner had attempted to commit penetrative sexual assault on a victim girl who is aged about 6 years. Hence, he opposed for grant of bail to the petitioner.

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5. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of their arrest i.e., 03.06.2022, 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 sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Tiruthuraipoondi 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 5.30 p.m., until further orders. [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.

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

11.08.2022 Sma 4/6

To

1. Judicial Magistrate, Tiruthuraipoondi.

2. Inspector of Police, All Women Police Station, Tiruthuraipoondi, Tiruvarur District.

3. District Prison, Nagapattinam.

4.The Public Prosecutor, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.19023 of 2022 11.08.2022 6/6