Kalidos v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Kalidos ... Petitioner/Sole Accused Vs State Rep by The Inspector of Police, T.Kallupatti Police Station T.Kallupatti Madurai District Cr.No.215 of 2021.

... Respondent/Complainant For Petitioner : MR.T.Vadivelan Advocate.

For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.215 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 18.06.2021 for the offences under Section 366(A) I.P.C and Sections 3 and 4 of Protection of Children from Sexual Offences Act, 2012, in Crime.No.215 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner abducted the victim girl aged about 14 years and had physical relationship with her. Hence, the case.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in jail for the past 77 days and hence, he seeks for grant of bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that the statement has been recorded from the victim under Section 164 Cr.P.C, in which, she has stated that she had love affair with the petitioner, both of them voluntarily went to the relative's house and decided to perform marriage where the petitioner had physical relationship with her. He would further submit that the investigation is almost completed. 5.Considering the facts and circumstances of the case, the statement recorded from the victim girl under Section 164 Cr.P.C., the stage of the investigation and also the period of incarceration, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on his executing 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 Sessions Judge, Principal Special Court for Exclusive Trial of cases under POCSO Act, Madurai and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders.

[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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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MSA 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 PRINCIPAL SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, MADURAI THE INSPECTOR OF POLICE T.KALLUPATTI POLICE STATION, T.KALLUPATTI, MADURAI DISTRICT.

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

THE SUPERINTEDENT, CENTRAL PRISON, MADURAI.

ORDER

IN CRL OP(MD) No.12814 of 2021 Date :03/09/2021 PKP/JM/SAR-2/06.09.2021/2P/5C 3/3