CRL OP(MD)/16126/2020 of Deivakani Vs The Inspector of Police on 31 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )Date : 31/12/2020

PRESENT

The Hon'ble Mr.Justice G.ILANGOVAN

Deivakani ... Petitioner/Accused VsThe State rep. byThe Inspector of Police,Muthiyapuram Police Station,Tuticorin,Tuticorin District.(Crime No.362 of 2020). ... Respondent For Petitioner : M/s.Arumugam.S, Advocate. For Respondent : Mr.R.Erottchuamy, Government Advocate (Criminal Side)

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

PRAYER :- For Bail in Crime No.362 of 2020 on the file of the RespondentPolice.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and thelearned Government Advocate(Criminal Side) appearing for therespondent.

2.The petitioner was arrested and remanded to Judicial Custodyon 17.12.2020 for the offences punishable under sections 366A and506(ii) of I.P.C. r/w. Sections 3A and 4 of POCSO Act, in CrimeNo.362 of 2020 on the file of the respondent police. She seeks bail.

3.It is submitted that the main accused namely, Ayyanar@ Kapali was released on bail by this Court on 03.12.2020 inCrl.O.P.(MD)No.13894 of 2020, on the basis of the statement given bythe victim girl, even though the investigation is in progress. Thestatement given by the victim girl under Section 164 Cr.P.C. did notreveal much facts against the accused persons. Since there isalready an observation by this Court, on the very same ground, thehttps://hcservices.ecourts.gov.in/hcservices/petitioner is also entitled to be released on bail.

4.In view of the above, I am inclined to enlarge the petitioneron bail with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bailon her executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousandonly) with two sureties, out of which one shall be a blood relatedsurety, each for a like sum to the satisfaction of the learnedSpecial Court for Exclusive Trial of Cases under POCSO Act,Thoothukudi.

[a]the sureties shall affix their photographs and left thumbimpression in the surety bond and the Magistrate/concerned court mayobtain a copy of their Aadhar card or Bank Pass Book to ensure theiridentity; [b] the petitioner shall report before the respondent police asand when required for interrogation.

[c]the petitioner shall not abscond either during investigationor trial.

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

[e]On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioner in accordance with law as if the conditionshave been imposed and the petitioner released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f]If the accused thereafter absconds, a fresh FIR can beregistered under Section 229A IPC.

sd/-

31/12/2020

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is the correctcopy, shall be the responsibility of the advocate/litigantconcerned.

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

TO1. THE JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THOOTHUKUDI.2. THE OFFICER IN CHARGE, DISTRICT JAIL, THOOTHUKUDI.3. THE INSPECTOR OF POLICE, MUTHIYAPURAM POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.