Raghavendran v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.27390 of 2023 Raghavendran

...Petitioner

Vs.

State by Inspector of Police, Mangadu Police Station, Kancheepuram District, (Crime No.829 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in FIR in Crime No.829 of 2023 on the file of the respondent police.

For Petitioner : Mr.T.Arul For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner in Crime No.829 of 2023 registered by the respondent Police for the offences under Section 5 (a) (i) r/w 6 of POCSO Act and remanded to custody on 27.09.2023 seeks bail. 1/4

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 3.Acomplaint had been lodged by the father of the victim child that she was missing on 23.09.2023. The petitioner had been in custody from 27.09.2023. The statement of the victim child had been recorded under Section 164 (5) Cr.P.C. A copy had been forwarded to this Court and I had also perused the same.

4.Taking all the factors into consideration, the period of incarceration and the investigation has also been practically completed, this Court is inclined to grant bail to the petitioner subject to the following conditions.

5. Accordingly, the petitioner is ordered to be released on bail on 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 Sessions Judge, POCSO Act, Chengalpattu, 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.00 a.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 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].

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

12.12.2023 sli 3/4

C.V.KARTHIKEYAN, J.

sli To

1. The Sessions Judge, POCSO Act, Chengalpattu. 2.The Inspector of Police, Mangadu Police Station, Kancheepuram District, (Crime No.829 of 2023).

3.The Sub Jail, Chengalpattu.

4.The Public Prosecutor, Madras High Court.

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