Madras High CourtCRL OP(MD)/19788/2024allowed

Vanadevi v. The State Of Tamilnadu

2024-11-19Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.19788 of 2024 1.J.Vanadevi 2.Jeyakumar ... Petitioners / Accused Rank Not Known Vs The State of Tamil Nadu Represented by the Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

(Crime No.28 of 2023) ... Respondent/Complainant For Petitioners: Mr.C.Senthil Murugan, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.28/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 7, 8, 5(1)(j)(ii) r/w. Section 6 of POCSO Act,

2012 and Section 313 of IPC, in Crime No.28 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that A1, who is the son of the petitioners, in the pretext of marrying the victim girl had physical relationship with her, as a result which, she became pregnant. The petitioners, who are the parents of A1, are said to have threatened the victim girl and made her give a false complaint against A2. There are totally 4 accused persons in this case and the petitioners have been arrayed as A3 and A4.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and Section 164 of CrPc statement that has been recorded from the victim girl and also considering the fact that A1 was arrested in this case and later enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Special Court for POCSO Act Cases, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with common two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to

arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioners shall appear before the respondent Police on every Monday and Friday at 10.30 a.m. for a period of 6 weeks and thereafter, as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial. [e] 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 petitioners 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 229A IPC.

sd/- 19/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDGE, SPECIAL COURT FOR POCSO ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, USILAMPATTI, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.19788 of 2024 Date :19/11/2024 BV (25/11/2024) 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.