Baskar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN Baskar ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Pudukkottai District.

(Crime No.4/2020) ... Respondent/Complainant For Petitioner : M/s.C.Arul Vadivel @ Sekar, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 4 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner /sole accused herein was arrested and remanded to judicial custody on 10.07.2020 for the alleged offences under Sections 363 of IPC , Section 11(1) and 12 of POCSO Act.

2. The victim is aged about 15 years. The case of the prosecution is that both the petitioner and the victim were in contact for a very long time and on the date of occurrence the petitioner is said to have kidnapped the victim girl. Based on the complaint given by the mother of victim the present case has been registered.

3. The learned counsel for the petitioner would submit that the petitioner and the victim girl loved each other and on the date of occurrence the victim girl left the parental house on her house and stayed in the petitioner's house and that apart there is no sexual assault.

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4. The learned Government Advocate(Crl.Side) would submit that the victim is aged about 15 years and for the purpose of marriage the petitioner herein kidnapped the victim girl and had sexual intercourse with her.

5.I have perused the records and the 164(5) Cr.P.C statement of the victim girl.

6.It is seen from the statement of the victim girl that the she came out of her parental home on her own and stayed in the petitioner's house for few days and thereafter based on the complaint given by the mother of the victim the victim was secured.

7. Taking note of the above facts and circumstances of the case and also taking note of the fact that there is no allegation of sexual harassment and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions: 8.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 learned Sessions Judge,Mahila Court, Pudukottai 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 on every Monday 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/- 03/08/2020 / 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 SESSIONS JUDGE, MAHILA COURT, PUDUKOTTAI.

2. THE OFFICER INCHARGE,SUB JAIL, ARANTHANGI, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8020 of 2020 Date :03/08/2020 MS/SKN/SAR-3/03.08.2020/3P.5C 3/3