Siva v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.08.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Siva ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Othakadai Police Station, Madurai District.
Crime No.450 of 2021.
... Respondent/Complainant For Petitioner : Mr.M.Pitchai Muthu, Advocate For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.450 of 2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 3 and 4 of POCSO Act in Crime No.450 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner had love affair with the minor girl and on the promise of marriage, he had physical relationship with her. Hence, the present case has been registered.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.
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4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the petitioner on the promise of marriage, had physical relationship with the minor girl. He has also produced statement of the victim girl recorded under Section 164 Cr.P.C.
5.In the statement recorded under Section 164 Cr.P.C., the victim girl stated that she had love affair with the petitioner herein. Considering the statement of the victim girl, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Sessions Judge, special Court for trial of cases under POCSO Act, Madurai, Madurai District, on condition that the petitioner shall execute 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 Judge concerned and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b]the petitioner shall report before respondent police as and when required.
[c]the petitioner shall not tamper with the 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 Judge/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 Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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GNS 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, Othakadai Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN Date : 19.08.2021 TR/VR/SAR-I(03.09.2021) 3P 4C 3/3