Chellathai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.10.2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI Chellathai ... Petitioner/Accused No.2 Vs The state represented by The Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District.

Crime No.15 of 2021 ...Respondent/Complainant For Petitioner : Mr.P.Mani Anandh, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.15 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested on 05.09.2021 for the alleged offence under Sections 366, 366(A) IPC and Sections 5(1), 6 and 17 of Protection of Children from Sexual Offence Act, 2012 in Crime No.15 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that A2 kidnapped the victim girl and had physical relationship with her. The allegation against the petitioner is that she gave shelter to A1. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is the mother of A1 and she has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 05.09.2021 and hence, he seeks for grant of bail.

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4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the victim girl was secured and she is now with her parents and the investigation is yet to be completed.

5.Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that no specific overt act is attributed against her, 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 her 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 Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judge 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 for a period of one month and thereafter, as and when required for interrogation.

[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 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/- 12/10/2021 / 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 SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, TIRUNELVELI.

2 THE OFFICER INCHARGE, SUB JAIL, KOKKIRAKULAM.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SANKARANKOVIL, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15946 of 2021 Date :12/10/2021 sji/sn SS/VR/SAR-II/12.10.2021 : 3P/5C 3/3