A.Santhosh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY A.Santhosh ... Petitioner/Sole Accused Vs The Inspector of Police, All Women Police Station, Karur District.

(Crime No.19 of 2024.) ... Respondent/Complainant For Petitioner :

M/s.S.Gokulraj, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.19 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 23.08.2024 for the offences punishable under Section 5(1), 6 of Protection of 1/4

Children Sexual offences Act and Section 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.19 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner had committed penetrative sexual assault upon the victim child, who is aged about 13 years. Hence, the complaint.

3.Heard both sides.

4.I have considered the allegations made in the First Information Report. I have considered the 164 statement given by the victim child. I have considered the Medical Examination report of the victim child. After considering all the three above, I am of the view that this is a fit case to enlarge the petitioner on bail. Hence, this Court is 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 learned Additional Sessions Judge, Fast Track Mahila Court, Karur. (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., 2/4

for a period of three 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/10/2024 / TRUE COPY / 22/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Additional Sessions Judge, Fast Track Mahila Court, Karur.

3/4

2.The Inspector of Police, All Women Police Station, Karur District.

3.The Superintendent, Central Prison, Trichy.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-12893[I] dated 22/10/2024 )

ORDER

IN CRL OP(MD) No.17891 of 2024 Date :22/10/2024 ED/ /SAR- (22/10/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4