Court granted bail to the petitioner in a child marriage and POCSO case, considering partial investigation completion and custody duration, subject to strict reporting and bounty bond conditions.
Petitioner released on bail on bond of Rs.10,000 with two sureties, conditioned to report daily, not abscond, and not tamper with evidence or witnesses.
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 OP(MD). No.9078 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 27/07/2021
PRESENT
The Hon`ble Mr.Justice G.CHANDRASEKHARAN
CRL OP(MD). No.9078 of 2021
Ravikumar ... Petitioner/Sole Accused
Vs
The State rep.by
The Inspector of Police, All Women Police Station, Kumbakonam, Thanjavur District.
Crime.No.9 of 2021 ... Respondent/Complainant
For Petitioner : Mr.C.Suresh Kannan, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
For Bail in Crime No.9 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :-
The petitioner/A6, who was arrested on 18.06.2021 for the offences punishable under Sections 5(l),6 of Protection of Children from Sexual offences Act 2012, 9 of Child Marriage Act 2006 @ 5(l),5 (j)(ii), 6 of POCSO Act, 2012 and 9 of Child Marriage Act, 2006 in Crime No.09 of 2021 on the file of the respondent police, seeks bail.
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CRL OP(MD). No.9078 of 2021
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the victim girl and the petitioner were in love with each other. He would further submit that the petitioner is in judicial custody from 18.06.2021, hence he seeks bail.
[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.
[b] the petitioner shall report before the respondent police daily at 10.30 am., until further orders.
[c] the petitioner shall not abscond either during
investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[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].
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CRL OP(MD). No.9078 of 2021
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/-
27/07/2021
/ TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO 1.THE SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRAIL OF CASES UNDER POCSO ACT, THANJAVUR. 2.THE SUPERINTENDENT, CENTRAL PRISON, PUDUKKOTTAI. 3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.9078 of 2021 Date :27/07/2021 SA/VR/SAR.4/27.07.2021/3P/5C
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1 issue framed by the court
Whether to grant bail to the sole accused in a case involving child marriage and offences under POCSO Act while substantial investigation has been completed.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶34
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
4 provisions across 4 enactments
Ravikumar
The State rep.by The Inspector of Police, All Women Police Station, Kumbakonam, Thanjavur District
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
