Aakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Aakash, ... Petitioner/Sole Accused Vs The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District, Crime No.10/2024.

... Respondent/Complainant For Petitioner : M/s. Shiravanakumar.R, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To grant Bail to the petitioner in Crime No.10 of 2024 on the file of the Respondent Police and pass such further or other orders as this Honble Court may deem fit..

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ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 06.06.2024 for the offences punishable under Section 506(i) IPC and U/s. 11(iv) r/w. Section 12 of POCSO Act, 2012 in crime No.10 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein has followed the defacto complainant, who is the minor girl and compelled her to love him and also threatened her. Hence, the case.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. Even though the allegation against the petitioner requires stern action as he was supposed to be stalking on the victim girl and considering the fact that the petitioner was arrested on 06/06/2024, I am inclined to enlarge the petitioner on bail.

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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 learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under the POCSO Act, 2012, Sivagangai.

(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 appear before the respondent Police daily at 10.30 am for a period of four weeks and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. 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 3/5

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 229-A IPC.

sd/- 08/08/2024 / TRUE COPY / 08/08/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE SESSIONS JUDGE, PRINCIPAL SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER THE POCSO ACT, 2012, SIVAGANGAI.

2 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT 4/5

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

+1 CC to M/s.R.SHIRAVANAKUMAR, Advocate ( SR-9629[I] dated 08/08/2024 )

ORDER

IN CRL OP(MD) No.12950 of 2024 Date :08/08/2024 SS/SAR- /08/08/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5