Madras High Court
Pandi vs The Deputy Superintendent Of ... on 9 February, 2021
Crl. A.(MD)N.375 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 09.02.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. A.(MD)N.375 of 2020
Pandi .. Appellant
Vs.
1.The Deputy Superintendent of Police,
Virudhunagar Division,
Virudhunagar.
2.The Inspector of Police,
Virudhunagar AWPS,
Virudhunagar.
(In Crime No.4 of 2020)
3.Thangamudi .. Respondents
Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the The Schedule
Castes and Tribes Prevention of Atrocities Act, 1989, as amended by Act 1 of 2016,
to call for the records relating to the order, dated 01.12.2020, made in Cr.M.P.No.
506 of 2020, on the file of the Special Court for Exclusive Trial of Cases under
POCSO Act, Virudhunagar District at Srivilliputhur and to set aside the same and
enlarge the appellant on bail.
1/6
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Crl. A.(MD)N.375 of 2020
For Appellant : Mr.P.Suresh
For Respondents 1 and 2 : Mrs.S.Bharathi
Government Advocate
For 3rd Respondent : No appearance
JUDGMENT
This appeal has been filed to set aside the order, dated 01.12.2020, made in
Cr.M.P.No.506 of 2020, on the file of the Special Court for Exclusive Trial of Cases
under POCSO Act, Virudhunagar District at Srivilliputhur and to enlarge the
appellant on bail.
2.The case against the appellant is that the appellant and another person
sexually assaulted a 15 years old minor female child, who is mentally challenged
person and who belong to Scheduled Caste and Scheduled Tribe Community. A case
was registered against the appellant and another in Crime No.4 of 2020 for the
offence under Sections 5(k), 5(l), 5(j)(ii), 5(n) r/w. Section 6 of POCSO Act and
Sections 3(1) (w) (i), 3(2)(v) of SC/ST (POA) Amendment Act and the appellant was
arrested by the respondent police. Subsequently, the appellant filed a bail petition in
Cr.M.P.No.506 of 2020 before the Special Court for Exclusive Trial of Cases under
POCSO Act, Virudhunagar District at Srivilliputhur. The learned Judge dismissed
the petition. Against which, the appellant preferred the appeal before this Court.
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Crl. A.(MD)N.375 of 2020
3.On the side of the appellant, it is stated that the appellant is in custody
for the past six months. A2 is the brother of the defacto complainant and he was
already released on bail. The allegation against A2 and A1 are similar in nature and
prayed the appellant to be released on bail.
4.On the side of the respondents 1 and 2, it is stated that the offence is
serious in nature that too against a mentally challenged minor child. 164 Statement
was already recorded and the appellant has also assaulted the victim girl. If the
appellant is released on bail, there is possibility for the appellant to indulge in
similar offence against. Already investigation was over and charge sheet was filed
against the appellant and prayed the appeal to be dismissed.
5.It is seen that the appellant is in custody for the past six months.
Co-accused/A2 in the case was already released on bail. Hence, this Court is
inclined to grant bail to the appellant. 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 Special Court for Exclusive
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Crl. A.(MD)N.375 of 2020
Trial of Cases under POCSO Act, Virudhunagar District
at Srivilliputhur.
(ii) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the Special Court for
Exclusive Trial of Cases under POCSO Act,
Virudhunagar District at Srivilliputhur, may obtain a copy
of any valid identity proof to ensure their identity.
(iii) On release, the appellant shall appear before the second
respondent daily at 10:30 a.m, until further orders.
(iv) the appellant shall not tamper with evidence or witness
either during investigation or trial.
(v) 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.
(vi) On breach of any of the aforesaid conditions, the 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
Trial Court himself as laid down by the Hon'ble Supreme
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW
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Crl. A.(MD)N.375 of 2020
5560].
09.02.2021
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 Special Court for Exclusive Trial of Cases under POCSO Act,
Virudhunagar District at Srivilliputhur
2.The Deputy Superintendent of Police,
Virudhunagar Division,
Virudhunagar.
3.The Inspector of Police,
Virudhunagar AWPS,
Virudhunagar.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)N.375 of 2020
R.THARANI, J.
Ls
Crl. A.(MD)N.375 of 2020
09.02.2021
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