CRL OP/20992/2020 of VEDI @ VEDIAPPAN Vs STATE BY on 30 December 2020

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 30.12.2020CORAM :

THE HON'BLE Mr. JUSTICE V.SIVAGNANAMCRL.O.P.No.20992 of 2020

Vedi @ Vediappan... PetitionerVs.State By, ... RespondentThe Inspector of Police,All Women Police Station,Thiruvannamalai District.(Crime No.28 of 2020)PRAYER: Criminal Original Petition filed under Section 439 ofCriminal Procedure Code to enlarge the petitioner on bail in CrimeNo.28 of 2020 pending on the file of the respondent police.For Petitioner : Mr.S.Silambu SelvanFor Respondent : Mr.L.Charles Premkumar, Government Advocate (Crl. Side)ORDER(The case has been heard through video conference)

The petitioner, who was arrested and remanded to judicialcustody on 11.11.2020 for the offence punishable underSections 363,366(A), 376 (@) (n), 506(i) of IPC and Section 3(a), 4 and 5 (1), r/w6 and 17 of POCSO Act, 2012 in Crime No.28 of 2020 on the file of therespondent police, seeks bail.

2. The case of the prosecution as per the de factocomplainant viz., Priya, is that the A1 in this case had forciblyabducted the defacto complainant and physically abused her on severaloccasions. The petitioner is arrayed as A6 in this case and that theallegation against the petitioner/A6 is that he allowed the victimgirl and A1 to stay in his house. Hence the complaint.

3. The learned counsel appearing for the petitioner wouldsubmit that the petitioner is an innocent and he has been falselyimplicated in this case. He would further submit that the petitionerhttps://hcservices.ecourts.gov.in/hcservices/has no previous case pending against him and he has been suffering incarceration from 11.11.2020. Hence, he prays for grant of bail tothe petitioner.

4. The learned Government Advocate (Crl. Side) appearing forthe respondent would vehemently oppose stating that the petitioner isarrayed as A6 in this case and that the allegation against thepetitioner/A6 is that he allowed the victim girl and A1 to stay inhis house.

5. Heard the learned counsel on either side. Perused theFIR and other materials placed on record.

6. Overall consideration of the facts, the nature ofaccusation, the nature of offences, the materials in support of theaccusation and the circumstances of the case and the period ofdetention of the petitioner in the judicial custody, this Court isinclined to grant bail to the petitioner subject to the followingconditions; (a) Accordingly, the petitioner is ordered to be releasedon bail on condition to execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with two sureties, each for a likesum to the satisfaction of the Special Court of Exclusive Trail ofCases under POCSO Act, Thiruvannamalai, and on further conditionsthat:

(b) the sureties shall affix their photographs and LeftThumb Impression in the surety bond and the learned Magistrate mayobtain a copy of their Aadhar card or Bank pass Book to ensure theiridentity;

(c) the petitioner shall appear before the respondentpolice every day 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 duringinvestigation or trial; (f) the petitioner shall not tamper with evidence orwitness either during investigation or trial; (g) on breach of any of the aforesaid conditions, thelearned Judicial Magistrate/Trial Court is entitled to takeappropriate action against the petitioner in accordance with law asif the conditions have been imposed and the petitioner released onbail by the learned Magistrate/Trial Court himself as laid down bythe Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIRSCW 5560]; (h) if the accused thereafter absconds, a fresh FIR can beregistered under Section 229A IPC. https://hcservices.ecourts.gov.in/hcservices/

7. With the above directions, this Criminal OriginalPetition stands ordered.

-sd/- 30/12/2020

This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

TO

1 THE SPECIAL COURT OF EXCLUSIVETRAIL OF CASES UNDER POCSO ACT,THIRUVANNAMALAI.

2 THE INSPECTOR OF POLICE,ALL WOMEN POLICE STATION,THIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.

4 THE OFFICER INCHARGE,SUB JAIL, THIRUVANNAMALAI,ERODE.

CC to M/S. S.SILAMBUSELVAN Advocate on payment of necessarycharges CRL OP.20992/2020

Date :30/12/2020

MN-31/12/2020

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