Allowed

Vijay v. State Rep by

Madras HC11 Aug 2021CRL OP/13790/2021

Case brief

AI extract

What is this about?

This court granted bail to the petitioner arrested for kidnapping and eloping with a minor girl under IPC and POCSO provisions, relying on the victim's admission in her statutory statement that she went voluntarily. Bail was ordered with specific conditions including daily reporting and surety bonds.

What did the court decide?

Petitioner ordered released on bail upon executing a bond with two sureties, subject to daily police reporting and conditions against tampering or absconding.

Vijay Vs State Rep by — Child Sexual Offences (POCSO) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.08.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.No.13790 of 2021

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Vijay

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Vs.

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State rep by Inspector of Police, All Women Police Station, Krishnagiri, Krishnagiri District

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PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.9 of 2021pending investigation on the file of the respondent police.

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For Petitioner : Mr.E.Kannadasan

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For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

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ORDER

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The petitioner who was arrested on 13.07.2021 and remanded to judicial custody for the offences under Sections 363, 366 of IPC subsequently attended in to Section 363, 366 of IPC, Section 5(1) and Section 6 of POSCO Act 2012, in Crime No.9 of 2021 on the file of the respondent police, seeks bail.

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The case of the prosecution is that there was a love affair between the petitioner and the minor girl. Further, the petitioner had kidnapped the minor girl and thereafter, he got married the minor girl. Based on the complaint given by the mother of the victim girl, the case was registered.

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The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner and the defacto complainant are close relatives and further, there was a love affair between the petitioner and the daughter of the defacto complainant. Thereafter, they have eloped. Hence he prays for grant of bail to the petitioner.

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

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4.The learned Government Advocate (Crl.Side) submitted that statement of the victim girl u/s 164 Cr.P.C. has been recorded, in which, the victim has admitted that on her own volition, she went along with the petitioner.

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This Court had perused the statement of the victim under Section 164 of Cr.P.C. which reveals that the victim, on her own volition, she went along with the petitioner and further, there is no specific overt act has been attributed against this petitioner and the victim girl has been secured and considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner.

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Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Fast Track-1, Mahila Court, Krishnagiri, and on further condition that:

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(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;

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(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioner shall not abscond either during investigation or trial;

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(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and;

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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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-sd/-

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11/08/2021

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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

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1 THE FAST TRACK-I, MAHILA COURT, KRISHNAGIRI

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2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM

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3 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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CC to E.KANNADASAN Advocate on payment of necessary charges Sr.8416

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CRL OP.13790/2021 Date :11/08/2021 RVR 12/08/2021

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

Vijay v. State Rep by

Case brief

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Vijay v. State Rep by

Case brief

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