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Madras High CourtCRL OP/27678/2024granted

Geethanraj v. The State Rep. By Its,

2024-11-05Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Geethanraj ...

Petitioner Vs.

The State Rep.by its The Inspector of Police, Bazzar Police Station, Coimbatore District.

(Crime No.229 of 2024) ...

Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS Act, to enlarge the petitioner on bail in connection with the Crime No.229 of 2024 on the file of the respondent police.

For Petitioner ...

Mr.V.Shenaz For Respondent ...

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Petition has been filed by the petitioner/Accused, who was arrested and remanded to judicial custody on 16.09.2024, seeking bail in Crime No.229 of 2024 registered for the offence under Sections 127(2), 65(1), 87 BNS Act & u/s 3(a) r/w 4(2) of POCSO Act, 2012. 1/6

2.The case of the prosecution is that the petitioner befriended the victim girl by giving false information and thereafter, compelled her to accompany him to a lodge and attempted to sexually assault her. On information given by the mother of the victim, the respondent police entered into the room of the lodge and the victim girl was secured. Hence the case. 3.Learned counsel appearing for the petitioner would submit that the petitioner and the victim girl are known to each other and based on the complaint given by the mother of the victim girl, a case has been registered. The petitioner is an innocent and hails from decent family and has not involved in the offence as alleged by the respondent police and he has been falsely implicated in this case, since the petitioner's mother was against their relationship.

The petitioner has been suffering incarceration from 16.09.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 4.Learned Government Advocate (Crl.

befriended the victim girl and committed sexual assault on the victim girl. He would also submitted that the petitioner is in custody from 16.09.2024 and the investigation is almost over.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, and the submissions made by the learned counsel on either side and also taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. 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 Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore and on further conditions that:

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[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the above said Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall stay at Chennai and report before the Inspector of Police, North Beach Police Station, Chennai, everyday at 10.30 a.m. for a period of three weeks and thereafter, report before the respondent police everyday at 6.30p.m., until further orders;

[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 above said Judge /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 abovesaid Judge /Trial Court himself as laid down by the Hon'ble Supreme 4/6

Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. sms 05.11.2024 To

1. The Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

2.The Superintendent, District Jail, Coimbatore. 3.The Inspector of Police, North Beach Police Station, Chennai.

4.The Inspector of Police, Bazzar Police Station, Coimbatore District.

(Crime No.229 of 2024)

5. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA.,J.

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sms 05.11.2024 6/6