Natarajan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Natarajan ... Petitioner Vs.

The State represented by, The Inspector of Police, AWPS North Police Station, Tiruppur District.

(Crime No.34 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.34 of 2024, pending investigation on the file of the respondent Police.

For Petitioner :

Mr.J.Franklin For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.34 of 2024 registered for the offences punishable under Sections 5(m), 5(k), 5(l) and 6 of POCSO Act, 2012 is on board for consideration.

2. The incarceration of the petitioner being from 04.10.2024 pleading 1/6

innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that due to misunderstanding, the victim girl had given false complaint. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner who is known to the victim girl had inappropriately touched the private parts of minor victim girl aged about 11 years. He further submit that, major part of the investigation is over.

4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, and taking note of the nature of allegation, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Mahalir 2/6

Neethimandram ( Fast Track Mahila Court), Tiruppur, and on further conditions that:

[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 stay at Salem and report before the Inspector of Police, All Women Police Station, Salem daily at 10.30.a.m., until further orders. It is made clear that the petitioner shall not enter into the jurisdictional limit of the respondent police 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 3/6

can be registered under Section 269 of B.N.S. 27.11.2024 Sma 4/6

To

1. The Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Tiruppur.

2. The Inspector of Police, AWPS North Police Station, Tiruppur District.

3. The Central Prison, Coimbatore

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

Sma 27.11.2024 6/6