O R D E R

The petitioner/accused is in judicial custody from 05.03.2020 for the offence punishable under Sections 6 & 8 of POCSO Act, in Crime No.127 of 2020, has filed the bail application.

2. The case of the prosecution is that, the petitioner had love affair with the defacto complainant's daughter and both of them eloped. Thereafter, the defacto complainant lodged a complaint before the Ice House Police station and the case was registered for girl missing. Subsequently, due to the pressure by the police both the petitioner as well as the victim girl returned back and thereafter, the petitioner was arrested on 05.03.2020. On the same day, the victim girl gone back to his parents house. It was purely a love affair and the compulsion of the victim. The petitioner had to accompany her and from 26.02.2020 to 05.03.2020 both of them were together. The learned counsel for the petitioner would further submitted that, due to the young age and without knowing the seriousness and consequence, on the forceful compulsion of the victim, the petitioner had accompanied her, otherwise she threatened that she would commit suicide.

3. The Additional Public Prosecutor (Crl.Side) for the respondent would submit that in this case, recording of 164 Cr.P.C statement of the victim girl under Section 25 of the POSCO Act, had been given as early as 23.03.2020. The Metropolitan Magistrate-II, Egmore, Chennai, had so far not yet recorded the statement of the victim and only on recording the statement of the victim, the contention of the petitioner could be verified. Further, submitted that, direction may be issued to the Metropolitan Magistrate-II, Egmore, Chennai, to complete the recording of 164 Cr.P.C statement.

4. Considering the same, this Court directs the Learned Metropolitan Magistrate-II, Egmore, Chennai, to complete the recording of 164 Cr.P.C statement of the victim by 08.06.2020. The Learned Metropolitan Magistrate-II, Egmore, Chennai, is hereby reminded that, it is duty cast on the Learned Magistrate to record the statement of the victim without any delay. Further the recording of 164 Cr.P.C statement of the minor victim girl Court is not must. This Court finds no difficulty for the Magistrate to record the statement of the victim, without any delay. The Learned Special Judge, POSCO Act, to monitor and follow up the learned Metropolitan Magistrate, to record the statement without any delay. With the above direction, the case is posted to

10.06.2020. 28.05.2020 Internet : Yes / No bsm M.NIRMAL KUMAR,J.

bsm To, 1. The Sessions Judge, Special Court, (POCSO Act), Chennai

2. The Superintendent, Puzhal Prison, Chennai.

3. The Inspector of Police, W-23, All Women Police Station, Royapettah, Chennai.

4. The Public Prosecutor, High Court, Madras.

CRL.O.P.No. 7708 of 2020

28.05.2020