In a criminal miscellaneous petition, the High Court of Judicature at Madras addressed a prayer to relax bail conditions imposed on an appellant convicted under the POCSO Act. The court examined the requirement to appear monthly and find it non-onerous, dismissing the petition.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Tuesday, the Fourteenth day of September Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice RMT. TEEKAA RAMAN
CRIMINAL MISCELLANEOUS PETITION No.9211 of 2021
IN CRL.A.NO.824 of 2018
N.SOUNDARARAJAN [ PETITIONER/APPELLANT/ACCUSED ]
Vs
STATE REPRESENTED BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUVANNAMALAI. CRIME NO. 5 OF 2013.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to relax the condition “(d) The petitioner/Accused shall appear before the Trial Court at 10.30 a.m. on the first working day of every month, until the disposal of the appeal and if he is not able to appear before the Trial Court on any day, due to unavoidable cricumstances, he shall make arrangements to file an application under section 317 of Cr.P.C. and shall appear before the Trial Court on any other day in lieu of his absence, as directed by the Trial Court. Such an application shall not be entertained often” imposed on the petitioner in Crl.M.P.No.492 of 2020 in Crl.A. No. 824 of 2018 order dated 06.07.2020 on the file of this Hon'ble Court.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.M.KRISHNAMOORTHY, Advocate for the Petitioner and of M/S.R.VINOTHRAJA, Government Advocate on behalf of the Respondent the court made the following order:-
The matter is heard through "Video Conference".
a) Since the petitioner has deposited a sum of Rs.4,00,000/(Rupees Four Lakhs only) as ordered by this Court, the Court below shall redeposit the said amount in a fixed deposit account in any nationalized bank, which shall be renewed periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Appeal.
b) The petitioner/accused is ordered to be released on bail, on his executing a bond for a sum of Rs.10,000/- (Repeen Ten Thousand only) with two sureties of whom, one should be a blood relative, each for a like sum to the satisfaction of the Sessions Judge and Fast Track Mahila Court, Tiruvannamalai.
-sd/-
14/09/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE SESSIONS JUDGE AND FAST TRACK MAHILA COURT, TIRUVANNAMALAI.
2 THE SESSIONS JUDGE, ADDITIONAL FAST TRACK MAHILA COURT, TIRUVANNAMALAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUVANNAMALAI.
5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
6 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
C.C. to M/S.M.KRISHNAMOORTHY Advocate on payment of necessary charges
Order
in CRL MP.9211/2021 in CRL A.824/2018
Date :14/09/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format
RW 22/10/2021
3 issues framed by the court
Whether the condition imposed on the petitioner to appear before the trial court monthly is onerous.
Whether the petitioner is entitled to relax the condition of appearing before the trial court in case of unavoidable circumstances.
Whether the conviction for offence under Section 4 of POCSO Act, 2012 warrants relaxation of bail conditions.
2 provisions across 2 enactments
N.SOUNDARARAJAN
STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUVANNAMALAI
RMT. TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
