Soundaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.11.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM 1.Soundaram 2.kasthuri ... Petitioners/Accused Rank Not Known Vs The Inspector of Police, All Women Police Station, Devakottai, Sivagangai District.

(Crime No.10 of 2023) ... Respondent/Complainant For Petitioners : Mr.B.SENTHIL NATHAN, Advocate For Respondent : Mrs.M.AASHA, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.10 of 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 offences punishable under Sections Girl Missing altered into Section 5(L) r/w 6 of the Protection of Child from the Sexual Offences Act 2012 and Sections 363, 506(i) IPC 1/5

in Crime No.10 of 2023, seek anticipatory bail. 2.The case of the prosecution is that on 12.10.2023, the defacto complainant's daughter found missing and hence, she made a complaint. Thereafter, she came to know that one Prakash and victim girl eloped and the said Prakash had physical relationship with her. Hence the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the investigation in this case is still pending. 5.On perusal of statement of the victim girl recorded under Section 164 Cr.P.C., it is noticed that the first petitioner herein is the mother of A1 and the second petitioner is the sister of A1 and there is no serious allegations as against them. 6.Taking into consideration the principles stated by the Honourable Supreme Court in Gurubaksh Singh Sibbia Etc., vs. State of Punjab reported in 1980 AIR 1632 and Lal Kamlendra Pratap Singh vs.

State of Uttar Pradesh and others reported in (2009)4 SCC 437 and Joginder Kumar vs. State of U.P. and others reported in (1994) 4 SCC 260 and taking into consideration the origin of crime, it is seen that the offence alleged as against the petitioners is not a case of heinous crime.

petitioners are having permanent residence at Sivagangai District. Hence the principles stated in Hussainara Khatoon & Ors vs. Home Secretary, State Of Bihar reported in AIR 1979 SC 1360 is taken into consideration. In that case, the Hon'ble Supreme Court has cautioned that pre-trial detention is not be encouraged nor is to be encourageable pre-trial release on sureties; that if the Court is satisfied after taking into consideration that the accused has his roots in the community and is not likely to abscond, he can safely be released on his personal bond. 7.In view of the above, this Court is inclined to grant anticipatory bail to the petitioners.

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 Special Court for POCSO, Sivagangai District on condition that the petitioners shall execute a own bond for a sum of Rs.

[a] the petitioners shall affix his photograph 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.

3/5

[b] the petitioners shall report before the trial Court on summons. [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 petitioners 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/- 22/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDGE, SPECIAL COURT FOR POCSO, SIVAGANGAI DISTRICT. 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

4/5

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

+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-16746[I] dated 23/11/2023 )

ORDER

IN CRL OP(MD) No.21008 of 2023 Date :22/11/2023 SA/SS/SAR. /11.12.2023/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5