IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Thursday, the Tenth day of March Two Thousand Twenty Two

PRESENT

The Hon`ble Dr Justice G. JAYACHANDRAN

CRIMINAL ORIGINAL PETITION No.5571 of 2022

E.SELVARAJ

[ PETITIONER / ACCUSED ]

Vs

STATE REP BY

[ RESPONDENT ]

THE INSPECTOR OF POLICE,

ALL WOMEN POLICE STATION,

WASHERMENPET,

CHENNAI

(CRIME NO.15 OF 2021)

For Petitioner : M/S M.PRAKASH Advocate

For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioner herein who is the founder of NGO viz., M/s Love

Foundation, is arrayed as an accused for the alleged offences under

Sections 6, 17, 21(1) of Protection of Child from Sexual Offences

Act, 2012 and 506(1) of IPC, in Crime No.15 of 2021, on the file of

the respondent police, seeks anticipatory bail.

2.

The overtact attributed to this petitioner is that the

victim girl aged 18 years was in-flagrante-delicto by her step

father. On knowing that, the mother of the victim in consultation

with one Pastor Samuvel Sathish had left the victim girl to the

custody of this petitioner, who is running a shelter home for

destitute, for giving shelter to the sexually abused victim and

thereby penalizing the offence and the petitioner is arrayed as one

of the accused.

3.

The learned counsel for the petitioner states that the

petitioner is an innocent person doing social service to the needy

https://hcservices.ecourts.gov.in/hcservices/

people. When the mother of the victim wanted shelter to the victim

girl, suppressed that she is minor and impregnated illegally by her

step father, on humanitarian ground, the petitioner had provided

shelter. For 15 days the victim girl was in shelter home. When the

Child Welfare Committee members came for inspection, they found that

the girl was staying in the home without prior information or order

from the Child Welfare Committee. He further states that the said

Pastor Samuvel Sathish brought the victim girl and he declared her

age was 18 years and therefore carried by the declaration given by

the said Samuvel Sathish, the petitioner herein admitted the girl.

4.

Considering the plausibility of the defence taken by the

petitioner and the age of the petitioner, this Court is inclined to

grant anticipatory bail to the petitioner with certain conditions.

5.

Accordingly, the petitioner is ordered to be released on

bail in the event of arrest or on his appearance, within a period of

seven days from the date of receipt of a copy of this order, before

the Hon'ble Special Court for POCSO, Exclusive Trial Court, Chennai,

on condition that the petitioner shall execute a bond for a sum of

Rs.50,000/- (Rupees Fifty thousand Only), with two sureties, each for

a like sum to the satisfaction of the learned Magistrate, failing

which the anticipatory bail shall stand canceled and on further

condition that:

(a) the petitioner and the sureties shall affix their

photographs and left thumb impression in the surety bond and the

Court concerned may obtain a copy of their Aadhar card or Bank pass

Book to ensure their identity;

(b) the petitioner shall report before the Investigating

Officer, as and when required.

(c) the petitioner shall not tamper with evidence or witness

either during investigation or trial;

(d) the petitioner 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]; and;

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