Thavam @ Thavamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN THAVAM @ THAVAMURUGAN ... PETITIONER/SOLE ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, KENIKKARAI POLICE STATION, RAMANATHAPURAM.

(IN CRIME NO.54 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.S.Balasubramanian, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.54 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner is arrayed a sole accused. He was arrested and remanded to Judicial Custody on 17.03.2020 for the offences punishable under sections 363, 366 of I.P.C., and Section 5(1), 6 of POCSO Act in Crime No.54 of 2020 on the file of the respondent police. He seeks bail.

3.The petitioner herein, who is 21 years old, due to love affair with victim girl, who is aged about 16 years old studying 11th Std, had physical relationship with her.

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4.According to the prosecution, since victim is below 18 years old, case has been registered for the offence under Sections 363, 366 of I.P.C., and Section 5(1), 6 of POCSO Act. During the course of investigation, 164 statement of the victim is recorded. The statement of the victim indicates that she has voluntarily went with the petitioner and had physical relationship with him. Since the victim is below 18 years old, provisions of POCSO Act invoked against the petitioner.

5.Taking note of the fact that the statement of the victim already been recorded and it appears that both of them had consensual sex affair, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly the petitioner is ordered to be released on bail on executing bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) and the petitioner shall furnish with two sureties for likesum to the satisfaction of the Sessions Judge, Fast Track Mahila Court, Ramanathapuram and on further condition that, i)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

ii)the petitioner shall not tamper with evidence or witness. iii) the petitioner shall not abscond during trial. iv)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]. v) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 26/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, RAMANATHAPURAM.

2 THE INSPECTOR OF POLICE KENIKKARAI POLICE STATION, RAMANATHAPURAM.

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3 THE SUPERINTENDENT, DISTRICT PRISON, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.5355 of 2020 Date :26/05/2020 GNS JM/PN/SAR 2/26.05.2020/3P/5C 3/3