Ravichandran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Ravichandran

...Petitioner

Vs.

State rep. by, The Inspector of Police, All Women Police Station, Mettur, Salem District.

Crime No.16 of 2022

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. to enlarge the petitioner on bail in Crime No.16 of 2022 on the file of the respondent police.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/7

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.06.2023 for the offences punishable under Sections 294(b), 323, 506(i) of IPC and under Section 5(1) r/w. 6 of POCSO Act 2012 in Crime No.16 of 2022 on the file of the respondent police, seeks bail. 2.It is the submission of learned counsel for the petitioner that petitioner is falsely implicated as accused in Cr.No.16 of 2022 registered for the offences under Section 294 (b), 323, 506 (i) of I.P.C. and under Section 5 (l) r/w Section 6 of POCSO Act, 2012. Petitioner is in judicial custody from 13.06.2023. Thus, he seeks bail. 3.In response, the learned Government Advocate (Criminal side) submitted that petitioner had physical relationship with the victim girl under compulsion. Thereafter, he dumped her and married another woman.

4.Considered the rival submissions and perused the records. 2/7

5.This is the second bail petition. Earlier bail petition in Crl.O.P.No.15808 of 2023 was dismissed on 18.07.2023. Now, it is informed by the learned counsel appearing for parties that investigation in this case is completed and final report is filed and it is taken on file in Spl.S.C.No.197 of 2023 by the learned Session Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Salem. 6.Taking into consideration that investigation in this case is completed and final report is filed and it is taken on file in Spl.S.C.No.197 of 2023 on the file of POCSO Court, Salem, that petitioner is in Judicial Custody from 13.06.2023, this Court is inclined to grant bail to the petitioner.

7.Accordingly, 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 Judicial Magistrate-I, Mettur and on further conditions that :- 3/7

[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 concerned court on all working days at 10.00.a.m., until further orders and on the date of hearings without fail.

[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. [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]. 4/7

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

31.08.2023 ep To 1.The Judicial Magistrate-I, Mettur.

2.The Session Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Salem. 3.Central Prison, Salem.

4.The Inspector of Police, All Women Police Station, Mettur, Salem District 5.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN.

J.

ep 6/7

31.08.2023 7/7