Narasiman vs State Rep. By Its
2022 Latest Caselaw 5902 Mad

Citation : 2022 Latest Caselaw 5902 Mad
Judgement Date : 23 March, 2022

Madras High Court

Narasiman vs State Rep. By Its on 23 March, 2022

                                                                                       Crl.A.No.253 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 23.03.2022

                                                          CORAM:

                                     THE HON'BLE MR.JUSTICE R.PONGIAPPAN

                                                  Crl.A.No.253 of 2022

                     1.Narasiman
                     2.Subramani
                     3.Rajendiran                                            ... Appellants / A4 to A6

                                                             Vs.

                     1.State rep. by its
                       Inspector of Police,
                       Arakkonam All Women Police Station,
                       Ranipettai District,
                       (crime No.20 of 2021)
                     2.Priya                                                       ... Respondents

                     PRAYER: Criminal Appeal filed under Section 14A (2) of the Scheduled
                     Castes and Scheduled Tribes Amendment Act, 2015 to set aside the order
                     passed by the learned Special Judge for Exclusive Trial of Cases under
                     POCSO Act, 2012, Vellore, Vellore District dated 04.02.2022 in
                     Crl.MP.No.12 of 2022 in Cr.No.20 of 2021 of Arakkonam All Women
                     Police Station, Ranipettai District and to enlarge the appellants on bail.

                                     For Appellants      : Mr.G.Punniakoti




                     Page 1 of 8

https://www.mhc.tn.gov.in/judis
                                                                                       Crl.A.No.253 of 2022

                                       For Respondents
                                          For R1       : Mr.Leonard Arul Joseph Selvam,
                                                         Government Advocate (crl.side)

                                          For R2          : No appearance

                                                         JUDGMENT

Being dissatisfied with the order dated 04.02.2022, made in

Crl.MP.No.12 of 2022 on the file of the learned Special Judge for Exclusive

Trial of Cases under POCSO Act, Vellore, Vellore District, the appellants

who are arrayed as accused No.4 to 6 in the above referred crime No.20 of

2021 on the file of the Inspector of Police, Arakkonam All Women Police

Station, filed this appeal praying to set aside the order dated 04.02.2022 and

to enlarge them on bail.

2. The case of the prosecution is that the appellants' sons who are

the main accused arrayed as A1 to A3 had committed gang rape over the

victim girl. When at the time the defacto complainant approached these

appellants, the appellants who are the fathers of A1 to A3, they abused the

defacto complainant by mentioning her caste name. Later, upon the

complaint given by the defacto complainant, the present case has been

registered against the appellants and other accused. After registering the

https://www.mhc.tn.gov.in/judis Crl.A.No.253 of 2022

case, the appellants were arrested on 03.01.2022 and afterwards, they were

in the judicial custody till date.

3. The learned counsel appearing for the appellants would

contend that there was no overtact against these appellants for the alleged

offence under Section 376 of IPC. Further, during the relevant point of time,

the appellants have not used any abusive words and not insulted the defacto

complainant. According to him, the appellants are in judicial custody from

03.01.2022 onwards. Hence, he prays for bail to the appellants.

4. The learned Government Advocate (crl.side) appearing for the

first respondent police raised objection stating that investigation is pending.

However he admits the witnesses who are all required for proving the alleged

offence are all examined and statement also been recorded.

5. This court ordered to issue notice to the defacto complainant and

after receipt of the said notice, none appeared on behalf of the defacto

complainant. Therefore, this appeal has been decided upon the submissions

made by the counsel appearing for the appellants and the learned

Government Advocate(crl.side) appearing for the first respondent police.

https://www.mhc.tn.gov.in/judis Crl.A.No.253 of 2022

6. The averments found in the first information report would disclose

the fact that the appellants herein are not directly involved in the offence of

rape. Only at the time the defacto complainant informed about the act

committed by A1 to A3, the appellants abused her by mentioning her caste

name. Except the said overtact, nothing has been stated as against these

appellants. Further, the appellants are in the judicial custody from

03.01.2022 onwards. As of now, portion of investigation has been

completed and other accused are also secured. There is no bad antecedents

reported against these appellants. Hence, this Court is inclined to grant bail

to the appellants.

7. Accordingly, the order passed by the learned Special Judge for

Exclusive Trial of Cases under POCSO Act, 2012, Vellore, Vellore District

dated 04.02.2022 in Crl.MP.No.12 of 2022 is set aside and the appellants

are enlarged on bail on the following conditions:

(a) the appellants are ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) (each) with two sureties each for a like sum to the satisfaction of the learned Special

https://www.mhc.tn.gov.in/judis Crl.A.No.253 of 2022

Judge for Exclusive Trial of Cases under POCSO Act, 2012, Vellore, Vellore District

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the appellants shall report before the first respondent police daily at 10.30 a.m. until further orders.

(d) the appellants shall not tamper with evidence or witness either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the appellants in accordance with law as if the conditions have been imposed and the appellants 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];