Sabari v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL Sabari
...Petitioner
Vs.
The State Represented by The Inspector of Police AWPS Central Police Station, Coimbatore District (Cr.No.25 of 2024)
...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in Crime No.25 of 2024 on the file of respondent police. For Petitioner : Mr.Deepanuday For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side) 1/6
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 07.08.2024 for the offences under Sections 5(1) r/w 6 of POCSO Act,2012 and Section 127(2),87 of BNS in Crime No.25 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner kidnapped the victim who is a minor girl and and thereafter committed sexual assault on her. Hence, the complaint.
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 he has been falsely implicated in this case. He further submitted that the petitioner has been in custody since 07.08.2024 ; that he is a law-abiding citizen; that he is ready to furnish substantial sureties for his due release on bail; and therefore, he prays for the grant of bail to the petitioner.
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4. Learned Government Advocate opposes the grant of bail to the petitioner by stating that statement under Section 183 of BNSS, has also been recorded from the victim girl, wherein, she had reiterated the contention of the F.I.R. He further submit that investigation was completed and charge sheet also filed and there is no previous case, pending against him.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record including the statement recorded from the victim girl under Section 183 of BNSS,
6. Considering the submissions of the learned counsel on either side, the nature of offence charged against the petitioner, investigation was completed and charge sheet also filed and considering the period of incarceration undergone by the petitioner and taking note of the fact that there is no previous case, pending against the petitioner and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on 3/6
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 Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore and on further conditions that: [a] the petitioner shall report before the Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore on all working days at 10.30 a.m., until further orders, without fail.
[b] the petitioner shall attend in accordance with the conditions of the bond;
[c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] 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 the evidence;
[e] the Petitioner shall not abscond either during investigation or trial;
[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with 4/6
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 [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
19.10.2024 smn To 1.The Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore
2. The Inspector of Police AWPS Central Police Station, Coimbatore District 3.The Superintendent of Prison, Central Prison, Coimbatore 4.The Public Prosecutor, High Court of Madras.
P.DHANABAL, J.
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19.10.2024 6/6