The High Court allowed bail to the petitioner arrested under the POCSO Act. Considering the completion of investigation and period of custody, the court ordered release on bond with sureties and conditions including daily reporting to police.
Petitioner ordered to be released on bail by executing a bond for Rs.25,000 with two sureties for a like sum.
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.No.15191 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :10.07.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.OP.No.15191 of 2023
Anbuselvan ..Petitioner
Vs.
The State Rep by The Inspector of Police, Nedungadu Police Station, Karaikal, Puducherry.
(Crime No.19 of 2023) ...Respondent.
PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Spl.S.C.No.4 of 2023 on the file of the learned District and Sessions Judge, Karaikal.
For Petitioner : Mr.S.N.Arun Kumar
For Respondent : Mr.K.S.Krishna Murthy Public Prosecutor (Pondichery)
Crl.OP.No.15191 of 2023
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 17.04.2023 for the offence punishable under Section 8 of POCSO Act,
2012 in Crime No.19 of 2023 on the file of the respondent police, seeks bail.
2.The learned counsel for the petitioner submitted that, petitioner was tenant under the defacto-complainant. With a view to evict him, a false complaint was given using the defacto-complainant's daughter alleging sexual assault. Petitioner is in judicial custody from 17.04.2023. Therefore, he prays for grant of bail to the petitioner.
3.In response, the learned Public Prosecutor (Pondichery) submitted that petitioner had committed sexual assault against the victim girl at about 07.00 p.m on 09.04.2023. The victim girl had given 164 Cr.P.C. statement reiterating the allegations of sexual assault, wherein, it is said that petitioner had pressed the left chest of victim girl and kissed her. Investigation in this case is over and final report is filed.
Crl.OP.No.15191 of 2023
4.Considered the rival submissions and perused the records.
5.Considering the allegations made against the petitioner that he
had committed sexual assault against the defacto-complainant's daughter and that now the investigation in this case is completed and final report is filed and having regard to the period of judicial custody, this Court is inclined to grant bail to the petitioner.
his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties , each for a like sum to the satisfaction
of the learned District and Sessions Judge, Karaikal, and on further conditions that :-
[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
Crl.OP.No.15191 of 2023
respondent police daily at 10.30.a.m., 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
10.07.2023
ep
Crl.OP.No.15191 of 2023
To
Crl.OP.No.15191 of 2023
G.CHANDRASEKHARAN. J.
ep
Crl.OP.No.15191 of 2023
Crl.OP.No.15191 of 2023
10.07.2023
3 issues framed by the court
Whether the petitioner is entitled to bail in a case involving sexual assault under the POCSO Act where investigation is complete.
What conditions should be imposed on the petitioner upon granting bail.
What legal consequences arise if the petitioner absconds after being granted bail.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaExplained¶38
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
Anbuselvan
The State Rep by The Inspector of Police, Nedungadu Police Station
G.Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
