Sarathkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Sarathkumar, ... Petitioner/Accused Vs The State Rep.by The Inspector of Police, Annavasal Police Station, Pudukkottai District, Cr.No.711/21.

... Respondent/Complainant For Petitioner : M/s.Mathavan G, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 711/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner who was arrested on 10.03.2022 for the offences under Section 5(1) r/w 6(1), 17 of POCSO (Amendment) Act 2019, in Cr.No.711 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner had exploited and committed penetrative sexual assault on the victim girl aged 17 years with false promise of marry her. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner and the victim girl loved each other and when they asked the permission of the parents for marriage, they denied for the same and lodged a false complaint.

4.The learned Additional Public Prosecutor for the respondent police objected for grant of bail and produced the copy of the statement recorded under Section 164 Cr.P.C.

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5.On a perusal of the victim girl's statement, it is seen that it is a case of love affair and investigation is almost completed and the petitioner is in judicial custody from 10.03.2022. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Session Judge, Mahila Court, Pudukkottai, Pudukkottai 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 daily at 10.30 a.m., for a period of two months and thereafter 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]. sd/- 18/05/2022 / TRUE COPY / 18/05/2022 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.

TO

1. Session Judge, Mahila Court, Pudukottai District.

2. The Superintendent, District Prison, Pudukottai.

3. The Inspector of Police, Annavasal Police Station, Pudukkottai District.

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4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.9441 of 2022 Date :18/05/2022 RD/SKN/SAR-II(18.05.2022) 3P 5C 3/3