Prasath v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Prasath ... Petitioner/Sole Accused Vs The Inspector of Police, Kamuthi All Women Police Station, Ramnad District, Crime No.07/2023.

... Respondent/Complainant For Petitioner : Mr.A.Uthaya Kumar, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.07/2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who is arrested and remanded to judicial custody on 1/4

28.08.2024 for the offence punishable under Sections 5(1), 5(j)(ii), 5(n) r/w. 6 of POCSO Act, 2012, in Crime No.07 of 2023 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioner had forcible sexual intercourse with the victim girl and thereby, she got pregnant. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of statement under Section 164 of CR.P.C., given by the victim girl and also considering the fact that the petitioner is in judicial custody from 28.08.2024, I am inclined to enlarge the petitioner on bail with 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 learned Judicial Magistrate, Kamuthi, Ramanathapuram District. 2/4

(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; (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 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/- 11/09/2024 / TRUE COPY / 11/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR 3/4

TO 1 THE JUDICIAL MAGISTRATE KAMUTHI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

THE INSPECTOR OF POLICE, KAMUTHI ALL WOMEN POLICE STATION, RAMNAD DISTRICT.

4 THE OFFICER INCHARGE DISTRICT PRISON, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.15341 of 2024 Date :11/09/2024 SS/SAR- /11/09/2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4