Madras High Court
Boopaathiraja vs The Assistant Commissioner Of ... on 6 December, 2021
Crl. A.(MD)No.491 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 06.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)No.491 of 2021
Boopaathiraja .. Appellant
Vs.
1.The Assistant Commissioner of Police,
Madurai City, Madurai.
2.The Inspector of Police,
All Women Police Station,
Madurai.
(Crime No.32 of 2021)
3.Xxxxxx
Victim, Madurai. .. Respondents
Prayer : This criminal appeal filed under Section 14-A(2) of SC/ST (POA)
Amended Act, 2016, against the order passed in Cr.M.P.No.1227 of 2021, dated
17.11.2021, on the file of the Sessions Judge, Principal Special Court for
Exclusive Trial of Cases under POCSO Act, Madurai.
For Appellant : Ms.K.M.Priscilla Jancy
For R1 & R2 : Mr.R.Suresh Kumar
Government Advocate
For R3 : No appearance
1/6
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Crl. A.(MD)No.491 of 2021
JUDGMENT
This Criminal Appeal has been filed against the order passed in
Cr.M.P.No.1227 of 2021, dated 17.11.2021, on the file of the Sessions Judge,
Principal Special Court for Exclusive Trial of Cases under POCSO Act,
Madurai. and enlarge the appellant on bail.
2. A case in Crime No.32 of 2021 was registered by the respondent
police, against the appellant, under Sections 366(A), 312 of I.P.C., Section 5(l),
5(j) (ii), 6 of POCSO Act and Sections 3(1)(r), 3(1)(r), 3(1)(s) Section 3(2)(v)
of SC / ST (POA) Amendment Act. The appellant filed a petition for bail in
Cr.M.P.No.1227 of 2021. That petition was dismissed by the Special Court on
17.11.2021. Against the same, the appellant has preferred this Criminal Appeal.
3. On the side of the appellant, it is stated that the appellant is in
custody for the past 60 days. There is no previous case against the appellant.
The victim was not a minor, she was aged about 24 years, even in the hospital
records, her age is mentioned as 24 years. She had relationship with so many
other persons and she is a drug addict and she involved in a criminal case. She
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Crl. A.(MD)No.491 of 2021
demanded Rs.13,00,000/- from the appellant. Only to grab money, she has filed
this false complaint and prayed the appellant to be released on bail.
5.On the side of the prosecution, it is stated that the appellant with a
false promise of marriage, had illegal contact with her and later, he refused to
marry her, since she belonged to downward community. Investigation is
pending. The victim is aged 16 years at the time of occurrence and prayed the
appeal to be dismissed.
6.Notice was served on the mother of the victim. She undertakes to
make her daughter to represent the case on 03.12.2021. On that date, there was
no representation on the side of the private respondent. Again, the matter was
adjourned today (06.12.2021). Even today (06.12.2021), there was no
representation on the side of the private respondent.
7. There is a dispute regarding the age of the victim. It is stated that
the victim is doing second year Engineering Course. The appellant is in
custody for the past 60 days. Major portion of the investigation might have been
over by this time. On the side of the prosecution, medical examination was
over.
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Crl. A.(MD)No.491 of 2021
8. In view of the above situation, this Court is inclined to release the
appellant on bail. Hence, the Criminal Appeal is allowed and the Appellant is
ordered to be released on bail, subject to the following conditions:
(i) the appellant shall execute a bond for a sum of
Rs.10,000/- (Rupees ten thousand only) with two
sureties, of whom, one should be a blood relative,
each for a like sum to the satisfaction of the Sessions
Judge, Principal Special Court for Exclusive Trial of
Cases under POCSO Act, Madurai;
(ii) the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the
Sessions Judge, Principal Special Court for
Exclusive Trial of Cases under POCSO Act,
Madurai., may obtain a copy of any valid identity
proof to ensure their identity.
(iii)the appellant shall not tamper with evidence or
witness either during investigation or trial.
(iv) the appellant shall cooperate with the investigation
and the appellant shall appear before the second
respondent and Court both during investigation and
trial, as and when required.
(v) The appellant shall appear before the Sessions Judge,
Principal Special Court for Exclusive Trial of Cases
under POCSO Act, Madurai, daily at10.30 a.m until
further orders;
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Crl. A.(MD)No.491 of 2021
(vii) On breach of any of the aforesaid conditions, the
learned Magistrate/Trial Court is entitled to take
appropriate action against the appellant in
accordance with law as if the conditions have been
imposed and the appellant 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].
06.12.2021
Index : Yes/No
Internet : Yes/No
Ls
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, Principal Special Court
for Exclusive Trial of Cases under POCSO Act,
Madurai.
2.The Assistant Commissioner of Police,
Madurai City, Madurai.
3.The Inspector of Police,
All Women Police Station,
Madurai.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)No.491 of 2021
R. THARANI, J.
Ls
Crl. A.(MD)No.491 of 2021
06.12.2021
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