Muthuraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Muthuraj, ... Petitioner/Sole Accused Vs The Inspector of Police, M.Reddiyapatti Police Station, Virudhunagar District, Crime No.85/2024.
... Respondent/Complainant For Petitioner : Mr.A.Balaji, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.85/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 19.07.2024 for the offences punishable under Sections 5(l), 5(j)(ii) and 6 of POCSO Act, 2012, in crime No.85 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there was a love affair between the petitioner and the victim, due to which, the petitioner and the victim had sexual 1/4
relationship and thereby, the victim, who is aged about 16 years, is pregnant.
3. Heard the learned counsel on either side and perused the material records of the case.
4.Considering the facts and circumstances of the case and also considering the 164 statement given by the victim and considering the fact that the petitioner is in jail from 19.07.2024, I am inclined to grant bail to the petitioner on certain conditions.
5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Special Court for POCSO Act Cases, Srivilliputhur; (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 weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. 2/4
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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 19/08/2024 / TRUE COPY / 19/08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE SPECIAL JUDGE FOR POCSO ACT CASES, SRIVILLIPUTHUR.
2 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.
3 THE INSPECTOR OF POLICE, M.REDDIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 cc to Mr.A.BALAJI, Advocate, SR.No.10190 (I) DT.21/08/2024
ORDER
IN CRL OP(MD) No.11959 of 2024 Date :19/08/2024 SA/SAR. /19.08.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4