Markandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Markandan, ... Petitioner/Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Kanyakumari District.

Crime No. 33 of 2022.

... Respondent/Complainant For Petitioner : M/s.Vinothkumar B, Advocate. For Respondent : Mrs.M.Aasha, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 33 of 2022 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 11.12.2022 for the alleged offence punishable under Sections 366,342,376(3) of IPC and Sections 5(l),6(l)11(iv),12 of POCSO Act in Crime No.33 of 2022 , on the file of the 1/9

respondent police, seeks bail.

2.The case of the prosecution is that the petitioner who is 36 years old abducted the victim girl aged about 16 years from the lawful custody of her parents and committed aggravated penetrative sexual assault and thereby made the victim girl pregnant. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that initially the petitioner refused to take the victim girl but the victim only threatened her by saying that she will commit suicide if the petitioner not comes with her. He would further submit that the petitioner is in custody from 11.12.2022 and only on the instigation of the victim girl the petitioner has taken the victim, hence he seeks bail.

4.The learned Government Advocate(Crl.Side) appearing for the respondent Police would submit that the petitioner had committed aggravated penetrative sexual assault and thereby made the victim girl pregnant, hence, he strongly objected to grant bail to the petitioner.

5. The learned Government Advocate(Crl.Side) also produced the statement of the victim recorded under Section 164 of Cr.P.C. For better appreciation, it reads as follows:

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6.Considering the nature of allegations made against the petitioner and also considering the period of incarceration and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40 and the nature of the offence alleged by the petitioner, this Court is inclined to grant bail to the petitioner. 7.Accordingly, the petitioner is ordered to be released on bail on condition to execute own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the Sessions Fast Track Mahila, Kaniyakumari at Nagercoil and on further conditions that:

(i) the petitioner shall appear before the trial Court on receipt of summons (ii)the petitioner shall not tamper with evidence or witness; (iii)the petitioner shall not abscond during trial. (iv) 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]. 8/9

v)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/10/2023 / TRUE COPY / 17/10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO THE SESSIONS JUDGE FAST TRACK MAHILA COURT, KANYAKUMARI AT NAGERCOIL.

THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI DISTRICT.

THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

+1 CC to M/s.B.VINOTHKUMAR, Advocate ( SR-15287[I] dated 17/10/2023 )

ORDER

IN CRL OP(MD) No.18635 of 2023 Date :17/10/2023 PKP/17.10.2023/ 9P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 9/9