Ayyanar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7327 of 2019 AYYANAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE IRUKKANGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.83/2019) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.RAJA BOOPATHY Advocate For Respondent : MR.R.ANANDHARAJ, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The Petitioner, who is arrayed as sole accused, was arrested and remanded to judicial custody on 03.05.2019 for the offence punishable under Section "Girl Missing" @ 363 IPC, Section 9 of Prohibition of Child Marriage Act and Sections 3 r/w 4 of POCSO Act, 2012 in Crime No.83 of 2019, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 25.04.2019, the petitioner kidnapped the defacto complainant's daughter and married her at outside of temple and had sexual relationship with her. Thus, on complaint, a case has been registered against the Petitioner for the above said offences.

3.The learned counsel appearing for the Petitioner submitted that the Petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the Petitioner is in judicial custody from 03.05.2019. Hence, he prays for bail. 4.The learned Additional Public Prosecutor appearing for the

State fairly conceded that substantial portion of investigation is completed.

5.The submissions made by the learned counsel appearing on either side are considered.

6.As per the averments made in the First Information Report, the alleged offence committed by the petitioner had happened only after getting consent from the victim girl. Considering the facts and other circumstances of the case and also considering the period of incarceration, this Court is inclined to enlarge the Petitioner on bail subject to some stringent conditions. Accordingly, the Petitioner is ordered to be released on bail subject to the following conditions:

(i)the Petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, each for a like sum to the satisfaction of the Mahalir Neethimandram (Fast Track Mahila Court), Virudhunagar District at Srivilliputhur; (ii)the sureties shall submit a copy of their Aadhar Card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds.

(iii)the Petitioner shall stay at Tenkasi and report before the Inspector of Police, Tenkasi Police Station, Tenkasi, daily at 10.00 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

(iv)the Petitioner shall not tamper with the evidence or witness either during investigation or trial; (v) the petitioner shall co-operate for the investigation and the trial. The petitioner shall not abscond either during investigation or trail and in event of the petitioner abscond, the respondent police shall register a case as provided under Section 229-A IPC.

(vi)on breach of any of the aforesaid conditions, the 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 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]. sd/- 29/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDGE, MAHALIR NEETHIMANDRAM, (FAST TRACK MAHILA COURT), VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 2.THE INSPECTOR OF POLICE, TENKASI POLICE STATION, TENKASI.

3.THE INSPECTOR OF POLICE, IRUKKANGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4. THE OFFICER INCHARGE, BORSTAL SCHOOL, MELUR.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to MR.D.RAJA BOOPATHY, Advocate ( SR-8827[I] dated 29/05/2019 )

ORDER

IN CRL OP(MD) No.7327 of 2019 Date :29/05/2019 AE/VR/SAR-IV (30.05.2019) 3P 7C