Vanaraj v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Vanaraj, ... Petitioner/Sole Accused Vs The State of Tamil Nadu represented by the Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.
(Crime No.252 of 2024) ... Respondent / Complainant For Petitioner : Mr.S.Ramasamy, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.252 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial 1/6
custody on 16.09.2024 for the alleged offences under Sections 9(a)(iv) and 10 of the Protection of Child From Sexual Offences Act, 2012, in Crime No.252 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had groped the victim girl while she was walking in the road along with her friends.
3. The petitioner filed the earlier bail application in Crl.OP(MD).No.18638 of 2024 and this Court dismissed the said application by an order dated 16.11.2024 considering the manner in which the crime was committed and also considering the fact that the investigation was pending.
4. The present bail application has been filed on the ground that the investigation has been completed and the case is pending before the learned Special Court for POCSO Act Cases, Virudhunagar in Spl.S.C.No.245 of 2024.
5. When the matter was taken up for hearing today, the learned Additional Public Prosecutor (Criminal Side), on instructions, submitted that the investigation has been completed and the police report was filed before the learned Special Court 2/6
for POCSO Act cases, Virudhunagar and the same has been taken on file in Spl.S.C.No.245 of 2024. The learned Additional Public Prosecutor vehemently opposed the grant of bail to the petitioner on the ground that the petitioner was working in the police force and he was involved in a very similar offence earlier for which he facing trial before the Chennai Court.
6. Heard the learned counsel on either side and perused the material records of the case.
7. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration in this case from 17.09.2024 and taking note of the fact that the investigation has already been completed in this case and the police report has been filed and also taking note of the fact that there is one previous case against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
8. 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, out of which one surety shall be the wife of the petitioner, each for a like sum to the 3/6
satisfaction of the learned Sessions Judge, Special Court for POCSO Act Cases, Virudhunagar District at Srivilliputhur, 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 report before the learned Sessions Judge, Special Court for POCSO Act Cases, Virudhunagar District at Srivilliputhur, during every date of hearing without fail.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond 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 4/6
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 of BNS, 2023.
sd/- 08/01/2025 / TRUE COPY / 08/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
2 THE INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.RAMASAMY, Advocate ( SR-199[I] dated 08/01/2025 ) 5/6
ORDER
IN CRL OP(MD) No.196 of 2025 Date :08/01/2025 SS/SAR- /08/01/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6