Rangaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Rangaraj ... Petitioner/Accused No.14 Vs The State represented by The Inspector of Police, Thiruparankundram AWPS Police Station, Madurai District.
(Crime No. 11 of 2022).
... Respondent/Complainant For Petitioner : Mr.Sivaprakash, Advocate.
For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.11 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.14, who was arrested and remanded to judicial custody on 17.03.2022 for the offences punishable under Sections 3, 4, 17 of Protection of Children from Sexual Offence Act 2012 and 370 A(1), 370(4) of IPC and 4(2)(c) of the Immoral Traffic (Prevention) Act, 1956, in Crime No.11 of 2022, on the file of the respondent police, seeks bail.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.
3. Alleging that the petitioner herein, who has been arrayed as 14th accused, had sexual intercourse with the child, who was 16 years old and was entangled in prostitution, he has been remanded to custody on 17.03.2022.
4. According to the petitioner, he had not indulged in such an offence and that he had only advised the minor girl to refrain from her illegal acts. Whether the petitioner was involved in the 1/3
offence or not is the subject matter for investigation. However taking into consideration the fact that the petitioner has been in custody from 17.03.2022, this Court is inclined to grant bail to the petitioner with certain conditions:- 5.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge Principal Special Court for Trail of the cases under POCSO Act, Madurai and on further condition that:
(a)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 petitioner shall report before the respondent police daily at 10.30 a.m., and 5.30 pm., until further orders; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/05/2022 / TRUE COPY / 11/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA 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.
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TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR TRIAL OF THE CASES UNDER POCSO ACT, MADURAI.
2 THE INSPECTOR OF POLICE THIRUPARANKUNDRAM ALL WOMEN POLICE STATION, MADURAI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.SIVAPRAKASH S Advocate SR.No.4600
ORDER
IN CRL OP(MD) No.8062 of 2022 Date :11/05/2022 SS/VR/SAR:IV/11.05.2022 : 3P/6C 3/3