Granted bail to the petitioner in a POCSO case involving sexual intercourse with a minor, despite the offence's gravity, considering the charge sheet was filed and incarceration period. Imposed strict conditions including appearance and no tampering.
Petitioner released on bail with Rs. 10,000 bond and two sureties for Rs. 10,000 each.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Crl.O.P.No.15404 of 2023
Surya Petitioner
Vs...
The State represented by The Inspector of Police, All Women Police Station, Pennagaram, Dharmapuri District. (Crime No.7 of 2023). Respondent
Prayer:- Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.7 of 2023 on the file of the Inspector of Police, All Women Police Station, Pennagaram, Dharmapuri District.
For Appellant : Mr.J. Titus Enock For Respondent : Mr.N. Muthuvel Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 04.03.2023, for the alleged offence under Section 5(1), 5(n) r/w Section 6(1) of POCSO Act and Section 506(i) IPC, in Crime No.7 of 2023 on the file of the respondent police, seeks bail.
2
not to disclose about the said incident to anyone. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner and the victim girl was in love and with the consent of the victim girl, he had sexual intercourse with the victim girl.
3
submit that the investigation has been completed and charge sheet has been filed in this case and the same has been taken on file. However, considering the age of the victim and the gravity of the offence, he opposed to grant bail to the petitioner.
6 . C onsidering the facts and circumstances of the case and also considering incarceration period, and considering the fact that charge sheet has been filed and the same has been taken on file for Trial, this Court is inclined to grant bail to the petitioner with certain conditions.
Mahila Court, Dharmapuri, and on further condition that:
[a] the petitioner and 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.
4
[b] the petitioner shall appear before the Trial Court
concerned on every hearing without fail until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond 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.
13.07.2023
Lbm
5
To
6
A.A.NAKKIRAN.,J
Lbm
Crl.O.P.No.15404 of 2023
13.07.2023
3 issues framed by the court
Whether the petitioner should be granted bail in a POCSO case after the charge sheet is filed.
Whether the petitioner is entitled to bail on the ground of length of incarceration and prosecution completion.
What conditions should be imposed on the petitioner to grant bail in POCSO offence.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaExplained¶35
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
Surya
The State represented by The Inspector of Police, All Women Police Station, Pennagaram
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
