Allowed

Krishnamoorthy v. Inspector of Police

Madras HC27 Oct 2021CRL OP/19127/2021

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail under Section 438 Cr.P.C. to two petitioners accused of offences under the POCSO Act and CMA. The court imposed strict conditions including daily reporting, execution of bond with sureties, and prohibitions on tampering, absconding, or facing registration under Section 229-A IPC for absconding.

What did the court decide?

Anticipatory bail granted subject to execution of separate bonds with sureties, daily reporting for two weeks, and prohibitions on contacting victims, tampering with evidence, or absconding.

Krishnamoorthy Vs Inspector of Police — Narcotics (NDPS) | 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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Wednesday, the Twenty Seventh 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.19127 of 2021

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1 KRISHNAMOORTHY

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[ PETITIONERS / ACCUSED ]

2 SASIKALA

STATE REP.BY

THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVARUR, THIRUVARUR DISTRICT. (CRIME NO.11/2021)

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[ RESPONDENT ]

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For Petitioner : M/S SWAMISUBRAMANIAN Advocate

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For Respondent : MR.A.GOPINATH, 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 for the alleged offence punishable under Section 6 r/w.5(1) of POCSO Act 2012 and Section 9, 10 of Child Marriage Restraint Act 1929 in Crime No.11 of 2021 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the defacto complainant is the minor victim girl aged about 17 years and she was under the care of her grandmother. The father of the victim girl arranged marriage of his minor daughter to his relative A1. After the marriage, A1 had sexually assaulted her. Hence, the complaint.

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3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the petitioners are the sister and brother-inlaw of A1 Hence, he prays for grant of anticipatory bail to the petitioners.

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

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The learned Government Advocate (Crl.Side) submits that the statement under Section 164 has been recorded from the victim girl.

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5.Considering the submissions made by both counsel and on perusal of the 164 Statement reveals that there is no specific overt act made against the petitioners, this court is inclined to grant anticipatory bail to the petitioners.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Sessions Judge, Fast Track Mahila Court, Thiruvarur on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten thousand Only) each, 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) the petitioners and 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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(b) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation;

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(d) the petitioners 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 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]; 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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27/10/2021

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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.)