Allowed

Ganeshan v. State Rep by

Madras HC25 Oct 2021CRL OP/18028/2021

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to Ganeshan, an accused in a child sexual offence case under POCSO and IPC. The court noted the complaint arose from the victim's voluntary elopement and approved bail conditioned on surrendering within 15 days and daily reporting.

What did the court decide?

The petitioner is granted anticipatory bail and ordered to be released upon arrest or appearance within 15 days on a bond of Rs.10,000 with two sureties, subject to specific conditions including daily

Ganeshan 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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( Criminal Jurisdiction )

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Monday, the Twenty Fifth day of October Two Thousand Twenty One

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PRESENT

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The Hon`ble Mr Justice M.DHANDAPANI

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CRIMINAL ORIGINAL PETITION No.18028 of 2021

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GANESHAN [ PETITIONER / ACCUSED ]

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STATE REP BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ERODE DISTRICT (CRIME NO.8 OF 2021)

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For Petitioner : M/S V.BALAMURUGAN Advocate

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For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 366(A) of I.P.C, Section 6 of POCSO Act, 2012 and Section 9 of PCM Act in Cr.No.8 of 2021, seeks anticipatory bail.

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The case of the prosecution is that the petitioner married a minor girl who is 16 years old on 23.08.2021. When the same was brought to the knowledge of the De-facto Complainant who is the Child Protection Officer, District children protection and care unit, he had lodged a complaint against the petitioner before the law enforcing agency.

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3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence he prays for grant of anticipatory bail.

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4.The learned Additional Public Prosecutor submitted that the investigation is completed.

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

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A perusal of the statement of the victim girl recorded u/s 164 of Cr.P.C reveals that the victim girl, on her own volition had eloped with the petitioner and that no serious allegations have been made against the petitioner.

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In view of the above, this Court is inclined to grant anticipatory bail to the petitioner.

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7.Accordingly, the petitioner is granted anticipatory bail and he is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the District Mahila Court, Erode District, shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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

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

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

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

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(f)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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https://hcservices.ecourts.gov.in/hcservices/

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

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-sd/25/10/2021 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. TO 1 THE DISTRICT MAHILA COURT, ERODE DISTRICT. 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ERODE DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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CC to M/S V.BALAMURUGAN Advocate on payment of necessary charges

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CRL OP.18028/2021

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Date :25/10/2021 JPA 02/11/2021

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

Ganeshan v. State Rep by

Case brief

What is this about?

What did the court decide?

Ganeshan v. State Rep by

Case brief

What is this about?

What did the court decide?

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