Madras High CourtCRL OP(MD)/9285/2020ordered

Raman v. The Inspector Of Police

2020-09-03Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN RAMAN ... PETITIONER/ACCUSED (RANK NOT KNOWN) VS STATE REP.BY THE INSPECTOR OF POLICE, PAPANADU POLICE STATION, THANJAVUR DISTRICT (CRIME NO. 698 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : Mr.M.Pitchai Muthu, 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. 698 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A2 was arrested and remanded to judicial custody on 16.08.2020 for the alleged offences under Section 366(A) of IPC and Sections 3, 4 and 17 of POCSO Act 2012.

2.The case of the prosecution is that the brother of the petitioner/A-1 with the help of this petitioner/A-2 had kidnapped the victim girl, who is aged about 17 years, for the purpose of getting her married. Thereafter, A-1 has sexually assaulted the victim minor girl. Therefore, based on the complaint given by her mother, the present case has been registered. 3.The learned counsel for the petitioner would submit that the petitioner did not kidnap the victim and on her own volition, the victim came from her parental home. He would also submit that the 1/3

petitioner is innocent and he was arrested and remanded to judicial custody on 16.08.2020. He would further submit that A1 has already been released on bail by this Court in Crl.O.P.(MD).No.7761 of 2020, dated 31.07.2020.

4.The learned Government Advocate(Crl.Side) would submit that victim girl is the minor aged about 17 years. The petitioner and his brother/A1 had kidnapped the girl with an intention to marry her and also A-1 has sexual intercourse with the victim girl. Based on the complaint given by her mother, the case was registered, subsequently, A1 was arrested and released on bail. 5.On perusal of the records including the statement of the victim girl given under Section 161(3) Cr.P.C and also Section 164

(5) of Cr.P.C. to the learned Judicial Magistrate, reveals that the victim girl on her own volition came out from her parental house and then A1 and the victim girl stayed in his friend's house in a week. Thereafter, the petitioner and A-1 brought the minor victim girl to her parental house. So far as this petitioner, who is the brother of A1 only helped him.

6.Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration and A1 has already been released on bail by this Court, this Court is inclined to grant bail to the petitioner subject to the following conditions:

7.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 District Munsif-cum-Judicial Magistrate, Orathanadu, Thanjavur 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 once in a week i.e., on every Monday at 10.30 a.m until further. 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]. 2/3

vi) If the petitioner/accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 03/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 DISTRICT MUNSIF-CUM-JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE PAPANADU POLICE STATION, THANJAVUR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.9285 of 2020 Date :03/09/2020 vsg JM/AKM/SAR 3/03.09.2020/3P/6C 3/3