CRL OP(MD)/15648/2020 of Thiru.Krishnan Vs The Inspector of Police on 30 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 30/12/2020

PRESENT

The Hon'ble Mr.Justice G.ILANGOVAN

Krishanan ... Petitioner/1[st] Accused

Vs

The State rep. byThe Inspector of Police,Bodi Town Police Station,Theni District.

In Crime No 2718 of 2020. ... Respondent/Complainant For Petitioner : M/s.Jerin Mathew., Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Criminal Side)

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

PRAYER :-

For Bail in Crime No. 2718 of 2020 on the file of therespondent police.

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 is arrayed as Accused No.1. He was arrestedand remanded to Judicial Custody on 30.10.2020 for the offencespunishable under sections 366 of I.P.C., 9 of Child Marriage Act and8, 10 of POCSO Act, 2012 in Crime No.2718 of 2020 on the file of therespondent police. He seeks bail.

3. The learned counsel for the petitioner would submit that thepetitioner is the sole bread winner of the family. He would furthersubmit that the petitioner is an innocent person and he has beenfalsely implicated in this case. Since the petitioner is in judicialcustody from 30.10.2020, the petitioner is entitled for statutoryhttps://hcservices.ecourts.gov.in/hcservices/bail.

4. The learned Government Advocate (Criminal Side) would submitthat the investigation has been completed and the charge sheet isyet to be filed.

5. Taking note of the above facts and circumstances of the caseand taking into consideration the period of incarceration and alsoconsidering the fact that the charge sheet is yet to be filed, thisCourt is inclined to grant statutory bail to the petitioner subjectto the following conditions:

6. Accordingly, the petitioner is ordered to be released onstatutory bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two blood sureties each for a likesum to the satisfaction of the learned Sessions Judge, MahalirNeethimandram (Fast Track), Theni.

i) 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.

ii) the petitioner shall report before the respondent policedaily at 10.30 a.m until further orders.

iii)the petitioner shall not tamper with evidence or witness.

iv) the petitioner shall not abscond during trial.

v)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].

vi) If the accused thereafter absconds, a fresh FIR can beregistered under Section 229A IPC. sd/- 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/litiganthttps://hcservices.ecourts.gov.in/hcservices/concerned.

TO1. THE SESSIONS JUDGE, MAHALIR NEETHIMANDRAM (FAST TRACK), THENI.2. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.3. THE INSPECTOR OF POLICE, BODI TOWN POLICE STATION, THENI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.JERIN MATHEW, Advocate ( SR-8580[I] dated30/12/2020 )

ORDER IN

CRL OP(MD) No.15648 of 2020

Date :30/12/2020

TSGSRS/PN/SAR-III/30.12.2020/3P/6C

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