Crl.O.P.No.2752 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.2752 of 2023

Sabarinathan

... Petitioner

Vs.

The State, represented by

The Inspector of Police,

All Women Police Station,

Ammapet, Salem City,

Salem.

(Crime No.04 of 2023)

... Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of

Cr.P.C. praying to enlarge the petitioner on bail in Crime No.4 of 2023 on

the file of the respondent police.

For Petitioner

: Mr.W.Camyles Gandhi

For Respondent

: Mr.S.Vinoth Kumar

Government Advocate (Crl. Side)

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Crl.O.P.No.2752 of 2023

ORDER

The petitioner who was arrested and remanded to judicial custody on

16.01.2023 for the offences punishable under Section 366 of I.P.C and

Section 5 (1) r/w Section 6 of POCSO Act, 2012 in Crime No.4 of 2023 on

the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant

initially lodged the complaint before the respondent Police as girl missing

and the same was registered and taken on file. During the course of

investigation, the petitioner and the defacto complainant's daughter were

found. Therefore, the case was altered under Section 366 of I.P.C and

Section 5(1) r/w 6 of POCSCO Act, 2012. Hence, the complaint.

3. The learned Counsel for the petitioner submits that the

petitioner is an innocent person and he has been falsely implicated in this

case. He further submit that the petitioner had not compelled the victim

minor girl. He would submit that the petitioner and the victim had love

affair for a long period. He also submits that the petitioner has been

suffering incarceration from 16.01.2023. Hence, he seeks to grant bail to the

petitioner.

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Crl.O.P.No.2752 of 2023

4. The learned Government Advocate (Crl. Side) submits that the

petitioner was already married and the same was known to the victim girl.

He further submit that the investigation is almost completed. He would

submit that if the petitioner is released on bail there are chances to threaten

the victims to indulge in same kind of offence. However, he vehemently

opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case, and on perusal

of records, it reveals that the investigation is almost completed, statement

of the victim girl under Section 164 is recorded and the victim minor girl

was already known that the petitioner was already married. Therefore, this

Court is inclined to enlarge the petitioner on bail.

6. Accordingly, the petitioner is ordered to be released on bail on

condition that the petitioner shall execute a bond for a sum of Rs.10,000/-

(Rupees Ten Thousand only) with two sureties, (out of which one of the

surety must be a blood surety) each for a like sum to the satisfaction of the

learned Principal Sessions Judge, POCSO Court, Salem and on further

conditions that:-

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Crl.O.P.No.2752 of 2023

[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 every Sunday at 10.30 a.m. till the disposal of trial

and should attend all hearings before the trial Court and

he should not have any communication with minor victim

girl;

[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 petitioner in accordance

with law