Madras High Court
Akash vs The Deputy Superintendent Of ... on 28 July, 2022
Crl.A.No.708 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.A.No.708 of 2022
Akash,
S/o.Arivazhagan ... Appellant
Versus
1.The Deputy Superintendent of Police,
Perambalur,
Perambalur District.
2.State by
Inspector of Police,
Perambalur Police Station,
Perambalur District.
3.Gayathri,
D/o.Karumbayiram ... Respondents
Criminal Appeal filed under Section 14A of the Scheduled Castes
and Schedule Tribes Amendment Act, 2015, to set aside the order passed
by the learned Principal Sessions Judge, Mahila Court, Perambalur in
Crl.M.P.No.1130 of 2022 dated 13.06.2022 and enlarge the appellant on
bail concerned in Crime No.397 of 2022 on the file of Inspector of Police,
Perambalur Police Station, Perambalur District.
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Crl.A.No.708 of 2022
For Petitioner : Mr.M.R.Elavarasan
For Respondents : Mr.S.Vinoth Kumar,
Government Advocate (Crl.side)
*****
JUDGMENT
This appeal is filed aggrieved by the order of the learned Sessions
Judge, Mahila Court, Perambalur, dated 13.06.2022 in Crl.M.P.No.1130 of
2022 in and by which the prayer of the petitioner, to enlarge him on bail,
was rejected.
2.The gist of the allegation against the petitioner is that the de facto
complainant/victim girl is studying third year in a college and she
belonging to SC Community and the petitioner belonging to MBC
Community. The petitioner was continuously stalking on her and was
torturing her in buses and everywhere and he have even gone to extent of
pulling her hand, etc.,. Therefore, the case is registered against the
petitioner under Section 294(b), 354, 506(ii) IPC, Section 7 and 8 of the
POCSO Act read with 3(1)(r) and 3(1)(s) of the SC/ST(POA) Amendment
Act, 2015.
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Crl.A.No.708 of 2022
3.I have considered the allegations made in this case and considering
the nature of allegations and the fact that the petitioner was arrested and he
is in judicial custody from 28.05.2022, I am of the view that the petitioner
can be enlarged on bail but so as to avoid further harassment of the victim
girl, the petitioner can be ordered to stay away.
4.Therefore, the criminal appeal is allowed. Order of the learned
Sessions Judge, Mahila Court, Perambalur dated 13.06.2022 in
Crl.M.P.No.1130 of 2022 is set aside. The petitioner is enlarged on bail on
following conditions.
(a) the petitioner is ordered to be released on bail, on
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 Trial Court;
(b) the petitioner and the sureties shall affix their
photographs and left thumb impressions in the surety bonds
and the learned Magistrate may obtain a copy of their Aadhar
Cards or Bank Pass books to ensure their identities;
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Crl.A.No.708 of 2022
(c) the petitioner shall stay at Villupuram and sign
before the Villupuram Town Police Station everyday at 10.30
a.m.
5.Accordingly, this Criminal Appeal is allowed.
28.07.2022
Index : yes/no
speaking/Non-speaking order
nsa
Note: Issue Order copy today (28.07.2022)
https://www.mhc.tn.gov.in/judis
Crl.A.No.708 of 2022
To
1.The Sessions Judge, Mahila Court,
Perambalur.
2.The Deputy Superintendent of Police,
Perambalur,
Perambalur District.
3.The Inspector of Police,
Perambalur Police Station,
Perambalur District.
4.The Inspector of Police,
Villupuram Town Police Station,
Villupuram.
5.The Superintendent,
Central Prison, Trichy.
6.The Public Prosecutor,
High Court of Madras, Chennai.
https://www.mhc.tn.gov.in/judis
Crl.A.No.708 of 2022
D.BHARATHA CHAKRAVARTHY, J.
nsa
Crl.A.No.708 of 2022
28.07.2022
https://www.mhc.tn.gov.in/judis
