G.Meganathan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH G.Meganathan ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Nainarkovil Police Station, Ramanathapuram District.

In Crime No.177 of 2024.

... Respondent/Complainant For Petitioner : Mr.K.Rajiv Gandhi, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail Crime No.177 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 01.12.2024 for the offences under Sections 5(1) and 6 of POCSO Act in 1/5

Crime No.177 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had lured the victim girl and took her away and committed penetrative sexual assault against the victim girl, who was a minor, 3.This Court carefully went through the Section 183(5) of the new procedure code statement recorded from the victim girl. It is seen that the petitioner had a love affair with the victim girl and the family of the victim girl started looking for a bride groom and hence the victim girl pressurized the petitioner and asked him to take her away. Left with no other option, the petitioner took the victim girl in a two wheeler. They were staying at different places.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner had moved a bail petition in Cr.M.PNo.3181 of 2024 before the Mahila Court, Ramanathapuram and the bail petition was posted for hearing on 23.12.2024.

5. The learned Counsel appearing for the petitioner submitted that the bail application will be withdrawn from that Court. 6.Heard the learned Counsel appearing on either side. 7.Taking into consideration the facts and circumstances of the case and considering the statement recorded from the victim girl and also of the fact that this 2/5

petitioner has already suffered incarceration from 01.12.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions. 8.Accordingly, the criminal original petition is ordered 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 Sessions Judge, Fast Track Mahila Court (Mahaleer Neethimandram), Ramanathapuram District and on further conditions that:- [a] 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 petitioner shall report before the respondent police as and when required.

[c] the petitioner shall appear before the trial Court during every hearing date without fail.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] 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 3/5

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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 19/12/2024 / TRUE COPY / 19 / 12 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT (MAHALEER NEETHIMANDRAM), RAMANATHAPURAM DISTRICT 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE OFFICER INCHARGE DISTRICT JAIL, RAMANATHAPURAM DISTRICT.

4 THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

4/5

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

+1 CC to M/s.K.RAJIV GANDHI, Advocate ( SR-15641[I] dated 19/12/2024 )

ORDER

IN CRL OP(MD) No.22450 of 2024 Date :19/12/2024 PSP/ /SAR /19.12.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5