Anand @ Jeeva Anand v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Anand @ Jeeva Anand, S/o. Murugan, No.2/70, South Street Colony, Velidupatti, Thoothukudi.
... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thoothukudi AWPS Police Station, Thoothukudi District.
Crime No. 47/2024.
... Respondent/Complainant For Petitioner : Mr.Manimuthu M, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/5
PRAYER :- For Bail in Crime No. 47/2024. 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 custody on 21.11.2024 for offences under Sections 5(1) and 6 of POSCO Act in Crime No.47 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the petitioner had committed penetrative sexual assault on the victim girl.
3. Heard the learned counsel on either side and perused the material records of the case.
4. This Court went through the statement recorded from the victim girl under Section 183(5) of BNSS. It is seen that there was love affair between the petitioner and the victim girl and at one stage, both the families also were interested in getting them married after the victim girl attains majority. The victim girl has specifically stated that she went with the petitioner on her own volition. The petitioner is also aged about 22 years.
5. Taking into consideration the facts and circumstances of the case and considering the fact that there was love affair between the petitioner and the victim girl and taking into account the age of the petitioner, this Court is inclined to grant 2/5
bail to the petitioner subject to the following conditions:
6. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on 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 learned Special Judge for Exclusive Trial of Cases under POCSO Act, Thoothukudi 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 respondent Police as and when required for interrogation.
[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 in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 28/01/2025 / TRUE COPY / 28/01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THOOTHUKUDI.
2 THE INSPECTOR OF POLICE, THOOTHUKUDI AWPS POLICE STATION, THOOTHUKUDI DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT PRISON, THOOTHUKUDI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.MANIMUTHU, Advocate ( SR-927[I] dated 28/01/2025 ) 4/5
ORDER
IN CRL OP(MD) No.1583 of 2025 Date :28/01/2025 SA/SAR. /28.01.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5