K.Ahamad Meeran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN K.Ahamad Meeran ... Petitioner/Accused Vs The State rep. by The Inspector of Police, Uthamapalayam Police Station, Theni District.

Cr.No.64/2020.

... Respondent/Complainant For Petitioner : M/s.E.Satish Rajkumar, Advocate.

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

PRAYER :- For Bail in Cr.No.64 of 2020 in the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 2.This petition has been filed by the petitioner/ accused seeking bail for the alleged offence punishable under Sections 10 of the POCSO Act.

3. The complaint against the petitioner is that he had committed aggravated sexual assault of Ms. Ragavi, 4 1⁄2 years girl. Both the parents of victim girl are deaf and dumb. With the help of neighbour, the mother of the victim girl has given complaint to the 1/3

respondent police. The petitioner was arrested on 28.01.2020. 164 Cr.P.C statement of the victim girl reveals the act of aggravated sexual offence committed by the petitioner. However the police is unable to file final report inview of impediment caused due to covid-19. Since the petitioner is in prison for more than 90 days, he is entitled for statutory bail under Section 167(2) of Cr.P.C.

4. Taking note of the facts and circumstances of the case,this Court is inclined to grant bail to the petitioner subject to the following conditions:

5.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the Fast Track Mahila Court, Theni. i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity ii) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

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

sd/- 30/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 JUDGE FAST TRACK MAHILA COURT, THENI.

2 THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT.

3 THE OFFICER INCHARGE DISTRICT PRISON, THENI 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6837 of 2020 Date :30/06/2020 PD/JC/SAR 2/30.06.2020/3P/5C 3/3