Thothathiri Perumal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2021 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.7520 of 2021 Thothathiri Perumal ... Petitioner/Sole Accused Vs The State through The Inspector of Police, All Women Police Station, Nanguneri, Tirunelveli District, Crime No.7/2021. ... Respondent/Complainant For Petitioner : Mr.Laxman K.R, Advocate.
For Respondent : Mr.T.Senthil Kumar, Government Counsel (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.7/2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(1), 5(J)(ii), 5(n), 6 of POCSO Act and Sections 9 and 10 of Child Marriage Act, in Crime No.7 of 2021 on the file of the respondent police, and seeks anticipatory bail.
2. Heard the learned counsel for the petitioner and the learned Government Counsel(Crl.side) for the respondent police.
3. It is now stated that the victim as well as the accused are living together under the same roof. Therefore, the arrest of the petitioner is not going to serve any purpose.
4. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioner shall appear before the learned POCSO Judge, Tirunelveli, and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] with two sureties each for a likesum to the satisfaction of the concerned Court, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further conditions that: [a]the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity; [b]the petitioner shall report before the respondent police as and when required for interrogation;
[c]the petitioner shall not abscond either during investigation or trial;
[d]the petitioner shall not tamper with evidence or witness 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 abscond, a fresh FIR can be registered under Section 229A IPC.
Sd/- 10/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
rmi 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 POCSO JUDGE, TIRUNELVELI.
2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NANGUNERI, TIRUNELVELI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7520 of 2021 Date : 10/06/2021 VB JC SAR IV(15/06/2021) 3P / 4C