In a bail petition under CrPC s.439, the High Court granted bail to the petitioner charged under POCSO Act and IPC for aggravated sexual assault. The court imposed conditions including bond execution, sureties, and prohibition on tampering with evidence.
Petitioner released on bail upon executing personal bond and bond of two sureties under specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.8042 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2020
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.8042 of 2020
Prakash M/20 yrs.
S/o. Velu,
25/24, YMCA Kuppam,
3 rd Street, Tondiarpet,
Chennai-81. ... Petitioner
/Vs/
The Inspector of Police,
W-15 Royapuram Police Station,
Chennai.
Crime No.359 of 2020 ... Respondent
PRAYER: This Criminal Original Petition filed under section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.359 of 2020 on the file of the respondent police.
For Petitioner : Mr.M.J.Nissar Ahmed For Respondents : Mr.K.Prabakar Additional Public Prosecutor
Crl.O.P.No.8042 of 2020
O R D E R
The petitioner who was arrested and remanded to judicial custody on 21.04.2020 for the offence punishable under Section girl missing @ 4 of POCSO Act 2012 and 363 of IPC in Crime No.359 of 2020 on the file of the respondent police, seeks bail.
Crl.O.P.No.8042 of 2020
incarceration undergone by the petitioner from 20.04.2020, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined on his release;
(b) Thereafter, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, out of which, one shall be the mother or father of the petitioner, before the concerned Magistrate on or before 05.07.2020, failing which the bail granted by this Court shall stand dismissed automatically;
(c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(d) the petitioner shall report before the respondent police as and when required for interrogation.
(e) the petitioner shall not commit any offences of similar nature;
(f) the petitioner shall not abscond either during investigation or trial;
(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;
Crl.O.P.No.8042 of 2020
(h) on breach of any of the aforesaid conditions, the learned Judicial 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];
(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered. 05.06.2020 Index : Yes/No Internet : Yes/No ksa-2 To
4/5
Crl.O.P.No.8042 of 2020
A.D.JAGADISH CHANDIRA,J.
Ksa-2
Crl.O.P.No.8042 of 2020
05.06.2020
2 issues framed by the court
Whether bail can be granted to an accused accused under POCSO Act and IPC for aggravated sexual assault.
Whether the accused should be enlarged on bail subject to conditions.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶29
P.K.Shaji vs. State of Kerala
1 provisions across 1 enactments
Prakash M
The Inspector of Police, W-15 Royapuram Police Station, Chennai
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A.D. Jagadish Chandira
Parties & counsel
