Vishnu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Vishnu ... Petitioner/Petitioner/Accused (Single) Vs The State Represented by The Inspector of Police, Samayanallur Police Station, Madurai City.

(Crime No.162/2021).

... Respondent/Respondent/Complainant For Petitioner : Mr.Pitchai Muthu.M, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.162 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 04.05.2021 for the offences punishable under caption of 'Girl Missing' @ Section 366 of I.P.C., and Sections 5(1), 6 r/w 8 of POCSO Act in Crime No.162 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein kidnapped the minor victim girl and had sexual intercourse with her on false promise that he would marry her and thereafter, he refused to marry her. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that 164 Cr.P.C., statement of the victim was recorded. The petitioner is in judicial custody from 04.05.2021 onwards. Therefore, he prays to grant bail to the petitioner.

4.The learned Government Advocate(Crl.Side) would submit that victim is aged about 17 years and the petitioner is aged about 19 years. The investigation is almost over. He would further submit that six witnesses were examined. Hence, he opposes to grant bail to the petitioner.

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5.Considering the facts and circumstances of the case and the fact that six witnesses were examined and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.1,00,000/- (Rupees One lakh only) before the Jail Authority. The petitioner after his release shall surrender before the concerned Judicial Magistrate voluntarily on any working day within a period of one month from the date of resumption of regular work in the Subordinate Courts and execute 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, Special Court for trial of cases under POCSO Act, Madurai, Madurai District.

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 is directed to deposit a sum of Rs.2,000/- (Rupees two Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to his rights and contentions before the trial Court;

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

sd/- 22/06/2021 / TRUE COPY / / /2021 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, SPECIAL COURT FOR TRIAL OF CASES UNDER POCSO ACT, MADURAI, MADURAI DISTRICT.

2 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI CITY.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

COPY TO:

THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND IN IOB, SECRETARIAT BRANCH, CHENNAI-9.

ORDER

IN CRL OP(MD) No.7963 of 2021 Date :22/06/2021 msa JM/VR/SAR III/22.06.2021/3P/6C 3/3