Madras High Court
Yogesh vs State Represented By on 4 March, 2021
Crl.A.(MD)No.77 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 04.03.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD)No.77 of 2021
Yogesh .. Appellant
Vs.
1.State represented by,
The Deputy Superintendent of Police,
Uthamapalayam,
Theni District.
2.The Inspector of Police,
All Women Police Station,
Uthamapalayam,
Theni District.
Crime No.8 of 2020.
3.Karthiga .. Respondents
Prayer : This Criminal Appeal is filed under Section 14A (2) of Scheduled Caste
and Scheduled Tribes (Prevention of Atrocities) Act, to set aside the order in
Cr.M.P.No.78 of 2021 before the Mahalir Neethimandram, FTMC, Theni and
enlarge the appellant/accused on bail.
For Appellant : Mr.Gopala Krishna Lakshmana Raj
Senior Counsel
For Mr.S.G.L.Rishwath
For Respondents 1 and 2 : Mr.K.R.Bharathi Kannan
Government Advocate (Crl. Side)
1/6
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Crl.A.(MD)No.77 of 2021
JUDGMENT
This appeal has been filed to set aside the order passed in Cr.M.P.No.78 of
2021 dated 27.01.2021, on the file of the learned Sessions Judge, Mahalir
Neethimandram, (Fast Track Mahila Court), Theni and to grant bail to the appellant.
2.The case against the appellant is that he misbehaved with a minor girl,
who belongs to scheduled community and make her pregnant. A case in Crime No.8
of 2020 was registered against the appellant under Section 6 of POCSO Act and
Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled caste and the Scheduled Tribes
(Prevention of Atrocities) Act by the second respondent Police. The appellant was
arrested on 05.12.2020 and he filed a bail petition in Crl.M.P.No.78 of 2021 before
the Sessions Court. The Sessions Court dismissed the petition. Against which, the
appellant has preferred this appeal.
3.On the side of the appellant, it is stated that the accused and the victim
girl were friends from childhood. There was love affairs between them. Even in the
complaint, it is stated that the victim and complaint were in love for the past two
years. The maximum allegation against the appellant is that he threatened the victim
that he will not talk with her. The victim is in custody for the past 89 days and
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Crl.A.(MD)No.77 of 2021
prayed the appellant to be released on bail.
4.On the side of the respondents 1 and 2, it is stated that by giving false
promise to marry the victim, the appellant had sexual intercourse with the victim.
The victim is now eight months pregnant. The victim is aged about 16 years and
prayed the petition to be dismissed.
5.Though the name of the third respondent was printed in the cause list,
none appears on behalf of the third respondent.
6.It is seen that the chargesheet was not yet filed. The appellant is in
custody for the past 89 days. Considering the period of incarceration, this Criminal
Appeal is allowed and the appellant is ordered to be released on bail on 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 learned Fast Track Mahila Judge,
Theni.
(ii) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned Fast Track
Mahila Judge, Theni, may obtain a copy of any valid
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Crl.A.(MD)No.77 of 2021
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 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].
04.03.2021
Index : Yes/No
Internet : Yes/No
Mrn
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.
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Crl.A.(MD)No.77 of 2021
To
1.The Fast Track Judge, Theni.
2.The Deputy Superintendent of Police,
Uthamapalayam,
Theni District.
3.The Inspector of Police,
All Women Police Station,
Uthamapalayam,
Theni District.
4.The District Jail,
Theni.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A.(MD)No.77 of 2021
R.THARANI, J.
MRN
Crl.A.(MD)No.77 of 2021
04.03.2021
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