Parthiban v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Parthiban S/o. Purushothaman

...Petitioner/Accused

Vs.

State represented by The Station House Officer, Thirukkanur Police Station, Puducherry.

(Crime No.177 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.177 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.A.Anandharaj For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.177 of 2023, registered by the respondent police for the offence under Sections 6 & 21(1) of POCSO Act, 2012 and Section 506(ii) r/w 34 of IPC. The petitioner had been remanded to custody on 15.11.2023.

2.The statement of the victim child under Section 164(5) of Cr.P.C., had been recorded and it raises strong allegations as against the other accused. Taking that factor into consideration and the period of incarceration, I am inclined to grant bail to the petitioner with certain conditions:

3.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 Fast Track Court Exclusively to deal with Offences under POCSO Act, Puducherry, 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. 2/4

[b] the petitioner shall report before the respondent police everyday at 10.30 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.

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C.V.KARTHIKEYAN.

J.

ata To

1. The Fast Track Court Exclusively to deal with Offences under POCSO Act, Puducherry.

2. The Central Prison, Puducherry.

3.The Station House Officer, Thirukkanur Police Station, Puducherry.

4.The Public Prosecutor, High Court of Madras.

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