Rajendran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/03/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.3788 of 2021
1. Rajendran
2. Ajith @ Ajithkumar ... Petitioners/Accused No.2 & 3 Vs The State Rep. by The Inspector of Police, All Women Police Station, Sivagangai.
Crime No. 17 of 2020. ... Respondent/Complainant For Petitioners : Mr.Valmekanathan S, Advocate.
For Respondent : Mr..A.P.G.Ohm Chairma Prabhu., Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.17 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused 2 and 3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 448 and 506(i) of IPC and Sections 7 and 8 of POCSO Act, 2012 @ 448, 506(i) of IPC and Section 3 and 4 of POCSO Act, 2012 in Crime No.17 of 2020, seek anticipatory bail.
2. The case of the prosecution is that A1 misbehaved with the daughter of the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are being the father and brother of A1 they have been falsely implicated in this case.
4. The learned Government Advocate(Crl.Side) would submit that the A1 was arrested and release on bail.
5.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Sessions Judge, Speed Court, Sivagangai for Exclusive trial of case under POCSO Act, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioners and 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 petitioners shall report before the respondent police daily at 10.30am., for a period of two weeks and thereafter, as and when required for interrogation.
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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 petitioners 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE SESSIONS JUDGE, SPEED COURT, SIVAGANGAI FOR EXCLUSINVE TRIAL OF CASE UNDER POCSO ACT.
2. THE INSPECTOR OF POLICE, INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3788 of 2021 Date :11/03/2021 RMK TE/JC/SAR-II : 18/03/2021 : 3P/4C