Mayakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Mayakrishnan ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Koodal Pudur Police Station, Madurai City.

Crime No.374 of 2021.

... Respondent/Complainant For Petitioner : Mr.M.MARAN, Advocate.

For Respondent : Mr.T.SENTHIL KUMAR, Additional Public Prosecutor(crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.374 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 14.07.2021 for the offence under Sections Girl Missing @ 366 of IPC and Sections 5(1), 6 of POCSO Act, in Crime.No.374 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner abducted the minor victim girl and committed penetrative sexaul assault without her consent. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner never committed any offence as alleged by the prosecution. The petitioner and victim girl loved each other and they are intending to marry. On knowing the same, the victim's father gave a false complaint by suppressing the real facts. Even now, the petiitoner is willing to marry the victim girl and he has also filed an affidavit to that effect. The petitioner is in judicial custody from 14.07.2021 and hence, he seeks for grant of bail.

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4.The learned Additional Public Prosecutor has produced the statement recorded from the victim under Section 164 Cr.P.C. 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.25,000/-(Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of Cases under the 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/- 04/10/2021 / TRUE COPY / / /2021 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.

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TO 1.THE JUDGE SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER THE POCSO ACT, MADURAI 2.THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

3.THE INSPECTOR OF POLICE, KOODAL PUDUR POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.14616 of 2021 Date :04/10/2021 SA/SKN/SAR.4/04.10.2021/3P/5C 3/3