Arokiya Sundaram v. The State Of Tamilnadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.18938 of 2021 Arokiya Sundaram ... Petitioner Vs.
The State of Tamil Nadu ... Respondent Rep by Inspector of Police, Nannilam Police Station, Thiruvarur District.
(Crime No.976 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.976 of 2021 on the file of the respondent police. For Petitioner : Mr.S.Sekar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested on 27.07.2021 and remanded to judicial custody for the offences under Sections 448, 376(2)(1) and 511 of IPC, in Crime No.976 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner attempted to sexual assault against the victim girl. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is in no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that there is no specific overt act has been attributed against this petitioner. Therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending against the petitioner and the investigation has been completed. Hence, he vehemently opposed for grant of bail to the petitioner.
5. Considering the period of incarceration suffered by the petitioner and there is no previous case pending against the petitioner and also there is no specific overt act has been
attributed against this 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 District Munsif-cum-Judicial Magistrate, Nannilam, 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/- 26/10/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANNILAM.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION]
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, NANNILAM POLICE STATION, THIRUVARUR DISTRICT.
5 THE OFFICER INCHARGE DISTRICT JAIL, NAGAPATTINAM.
CC to M/S. S.SEKAR Advocate on payment of necessary charges CRL OP.18938/2021 Date :26/10/2021 TA-27/10/2021