Sampath@Sampath Kumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.01.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.21019 of 2020 Sampath @ Sampathkumar ... Petitioner Vs.

The State Rep. by The Inspector of Police Vellavedu Police Station, Tiruvallur District.

(Crime No.1545 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in connection with in Crime No.1545 of 2020 on the file of the respondent police.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 366 of IPC r/w Section 6, 5 (1) of POCSO Act and Section 9 of the Prohibition of Child Marriage Act, in Crime No.1545 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that on 17.06.2020, the defacto complainant's daughter namely Swetha aged about 17 years was missing and later the defacto complainant came to know his daughter was kidnapped by one Navinkumar/A1 with intention to marry her. Hence, the present complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is A2, he is only a friend of A1 and the petitioenr is no way connected with the said offence and he has been falsely implicated in this case. A1 also released on bail. It is further submitted that the petitioner is willing to comply with the conditions as this Court may impose. Hence, he seeks for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the main accused has already been released on bail. Hence, he opposed to grant bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case, the main accused A1, released on bail, this Court is inclined to grant bail to the petitioner subject to the following conditions:

a) Accordingly, the petitioner is ordered to be released on 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 Judicial Magistrate-II, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] 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.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered.

-sd/- 06/01/2021 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 JUDICIAL MAGISTRATE NO.II, POONAMALLEE.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VELLAVEDU POLICE STATION, THIRUVALLUR DISTRICT.

+1CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR NO.175 CRL OP.21019/2020 Date :06/01/2021 MK:21/01/2021