Venkatrenuka v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.10.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.26550 of 2024 Venkatrenuka ... Petitioner Vs State rep. by The Inspector of Police, Bhavani All Women Police Station, Erode District.

(Crime No.17 of 2024) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the Petitioner on bail in Crime No.17 of 2024 on the file of the respondent police.

For Petitioner : Mr.P.Ramamoorthi For Respondent : Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

ORDER

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The petitioner, who was arrested and remanded to judicial custody on 05.06.2024, for the offences punishable under Sections 3 and 4 of POCSO Act, 2012 in Crime No.17 of 2024, on the file of the respondent seeks bail.

2.The case of the prosecution is that the petitioner is aged about 67 years and the victim is aged about 13 years. The petitioner had sexually abused the defacto complainant's daughter and also threatened her with dire consequences. Hence, the case.

3.The learned counsel for the petitioner would submit that it the case of love affair and the petitioner is innocent and he has been falsely implicated in this case. He would submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would submit the petitioner is aged about 67 years and the victim is aged about 13 years. The petitioner had sexually abused the defacto complainant's daughter 2/6

and also threatened her with dire consequences. He would further submit that there are no previous case pending as against the petitioner. He would submit that investigation was completed and charge sheet was also filed. The statement of the victim girl under Section 183 BNSS was also recorded. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Heard both side learned counsel and perused the materials available on record.

6. Considering the nature of offence and already investigation was completed and charge sheet was also filed and that there is no previous case pending against the petitioner and already the statement of the victim under Section 183 of BNSS was recorded and this Court also perused the statement of the victim and also considering all other aspects, 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 on 3/6

condition to execute 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 Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode and on further conditions that; [b] the Petitioner shall report before the concerned POCSO Court on all working days at 10.30 a.m., until further orders; [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;

[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 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 4/6

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

24.10.2024 smv To 1.The Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode 2.Central Prison, Coimbatore.

3.The Inspector of Police, Bhavani All Women Police Station, Erode District.

4.The Public Prosecutor, High Court, Madras.

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P.DHANABAL ,J.

smv CRL.OP.No.26550 of 2024 24.10.2024 6/6