CRL OP(MD). No.2258 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 07/02/2023

PRESENT

The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

CRL OP(MD). No.2258 of 2023

Abdulkalam

... Petitioner/Sole Accused

Vs

State Rep.by

The Inspector of Police,

All Women Police Station,

Aranthangi Police Station,

Pudukottai District.

Crime No.22 of 2022.

... Respondent/Complainant

For Petitioner : M/s.Balamurugapandi.D,

Advocate.

For Respondent : Mr.T.Senthilkumar,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-

For Bail in Crime No.22 of 2022 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 19.11.2022 for the offence punishable under

Sections 5(l),5(j)(ii) r/w.6(1) of POCSO Amendment Act, 2019 in

Crime No.22 of 2022 on the file of the respondent police, seeks

bail.

2. The case of the prosecution is that the accused who was her

distant relative had committed penetrative sexual assault on her

minor daughter due to which she became pregnant and later got

aborted, hence the case.

3. The learned counsel appearing for the petitioner would

submit that the petitioner is innocent and a false case has been

foisted against him. He would further submit that both the

petitioner and the victim are distant relatives and they were in

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CRL OP(MD). No.2258 of 2023

love for the past 1 ½ years. He would further submit that the

petitioner without understanding the rigours and consequences of

POCSO Act had consensual sexual relationship with the victim who is

aged about 16 years at the time of occurrence, due to which the

victim had become pregnant and later it was also aborted. He would

further submit that the petitioner is in custody from 19.11.2022,

hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the

respondent would submit that the petitioner who is the relative of

the victim on the false promise of marrying her had committed

penetrative sexual assault on the victim girl due to which she

become pregnant and later it was aborted, hence he objected to grant

bail to the petitioner. He would further submit that the psychiatric

test of the victim has to be taken.

5. In reply the learned counsel for the petitioner would submit

that the petitioner is ready to abide by any stringent conditions

that may be imposed by this Court and he is also ready to subject

himself for psychiatric test as and when called by the respondent

police.

6. Heard. Perused the materials available on record including

the First Information Report.

7. Taking into consideration of the facts and submissions made

by the learned counsels and also taking into consideration the

period incarceration this court is inclined to grant bail to the

petitioner , subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on

bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees

Ten Thousand only) with two sureties (of which one shall be the

father or mother) each for a like sum to the satisfaction of the

Mahila Court, Pudukottai and on further conditions that:

[b] 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.

[c] the petitioner shall report before the respondent police

daily at 10.30 A.M., until further orders.

[d] the petitioner shall not commit any offences of similar

nature.

[e] the petitioner shall not abscond either during

investigation or trial.

[f] the petitioner shall not tamper with evidence or witness

either during investigation or trial.

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CRL OP(MD). No.2258 of 2023

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