Sathyadhas v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN SATHYADHAS ... PETITIONER/SOLE ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, COLACHEL ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

(CRIME NO. 14 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.F.Deepak, Advocate.

For Respondent : M.Chandrasekaran, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr.No. 14 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner is a sole accused. He was arrested and remanded to judicial custody on 03.06.2020 for the alleged offence punishable under Sections 11(1) and 12 of POCSO Act, in Crime No.14 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had sexually harassed the victim girl aged about 14 years, when the girl went to fetch water from the nearby tap of her house. Thereby, the act of the petitioner has caused mental agony and stress for the victim girl.

3. The learned counsel for the petitioner submitted that there was a quarrel between the petitioner's family and the defacto 1/3

complainant's family regarding taking water from the public tap. The defacto complainant's family said to have attacked the petitioner herein and he has also lodged a complaint against the defacto complainant and the same has been registered in crime No.234 of 2020. Thereafter, the present complaint has been given against the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that this petition is second bail petition. The petitioner harassed the victim girl aged about 14 years.

5. Considering the facts and circumstances and also considering the fact that it is a case in counter case and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.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 Special Court for exclusive trial of cases under POCSO Act, Kanniyakumari, Nagercoil.

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 as and when required for interrogation.

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/- 13/07/2020 / 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, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, KANNIYAKUMARI, NAGERCOIL.

2 THE INSPECTOR OF POLICE COLACHEL ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

3 THE OFFICER INCHARGE, SUB-JAIL, NAGERCOIL, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7113 of 2020 Date :13/07/2020 DAS JM/JC/SAR 2/14.07.2020/3P/5C 3/3