Dinesh @ Dinesh Kumar v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.20329 of 2021 Dinesh @ Dinesh Kumar ... Petitioner Vs.
State by Inspector of Police, ... Respondent All women Police Station, Ranipet, Ranipet District.
(Crime No.19 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in Crime No.19 of 2021 on the file of the respondent Police. For Petitioner : TM/S.Muruganantham For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested on 24.09.2021 and remanded to judicial custody for the offences under Sections 5(1) 6 of POCSO Act in Crime No.19 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on the the petitioner and the defacto complainant are lovers and the petitioner misbehaved with the defacto complainant. Hence, the the law enforcing agency registered a case against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case and the petitioner has been jail from 24.09.2021. He further submits that the victim girl is aged about 17 years and the petitioner is ready to marry the victim girl, after completion of 18 years and he has filed an affidavit to that effect. 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 , in which, the victim girl stated that the petitioner misbehaved with him. He further submits that the victim girl has been secured.
5. This Court is of the view that on perusal of the 164 statement, there is no serious allegation made against the petitioner and the petitioner is ready to marry the victim girl after the completion of 18 years and he also filed an affidavit to that effect and also considering the fact that the victim girl has been secured 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 Exclusive Trial of Cases Under POCSO Act, Vellore, 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/- 02/11/2021 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 EXCLUSIVE TRAIL OF CASES UNDER POCSO ACT, VELLORE 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET, RANIPET DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE +1 CC to TM/S.MURUGANANTHAM Advocate on payment of necessary charges SR.No.12461 CRL OP.20329/2021 Date :02/11/2021 APN 02/11/2021