Balaji v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL Balaji
...Petitioner/Single Accused
Vs.
State rep by The Inspector of Police, Vaniyambodi Police Station Thirupathur District (Crime No.366 of 2024)
...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in Cr.No. 366 of 2024 on the file of the respondent police.
*** For Petitioner : Mr. E.Kannadasan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side) 1/6
O R D E R
The petitioner, who was arrested on 20.08.2024 and remanded to judicial custody on the same day for the offences under Sections 87 of BNS Act and 9, 10 of Child Marriage Act 2006 and Section 3(a) of Protection of Children from Sexual Offence Act 2012, in Crime No. 366 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the victim girl was kidnapped by the petitioner and the petitioner committed sexual assault upon her. Hence, the case.
3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, and due to love affair, he has been falsely implicated in this case and he is a law-abiding citizen and he is ready to furnish substantial sureties for his due release on bail; therefore, he prays for the grant of bail to the petitioner.
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4. Learned Government Advocate (Crl.Side) objected for granting bail to the petitioner stating that the victim girl was kidnapped by the petitioner and the petitioner committed sexual assault upon her and there is no previous case against the petitioner. He would further submit that the statement of the victim girl has also been recorded.
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made on both sides and on perusing the statement given by the victim girl and also taking into consideration the period of incarceration undergone by the petitioner and also the petitioner has no previous case, this Court is inclined to grant bail to the petitioner with certain conditions:
[a]. 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 court of Special Judge for Exclusive Trial of Cases under POCSO Act 2012, Vellore, Vellore District, and on further conditions that: [b] the petitioner shall report before the POSCO Court on 3/6
every Monday at 10.30 a.m., for a period of four weeks; [c] The petitioner shall attend in accordance with the conditions of the bond;
[d] The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[e] The petitioner shall not abscond either during investigation or trial;
[f] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with evidence;
[g] on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 4/6
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 [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the BNS.
24.09.2024 vsg To
1. Special Court for Exclusive Trial of Cases under POCSO Act 2012, Vellore, Vellore District.
2.Central Prison, Vellore.
3.The Inspector of Police, Vaniyambodi Police Station Thirupathur District 4.The Public Prosecutor, High Court of Madras.
P.DHANABAL, J.
vsg 5/6
24.09.2024 6/6