Rajesh vs The State Rep By
2022 Latest Caselaw 9332 Mad

                                                                                     Crl. A(MD) No.352 of 2022


                                   BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 19.05.2022


                                                           CORAM:

                              THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

                                                  Crl. A(MD) No.352 of 2022


                     Rajesh                                        ... Appellant/Petitioner

                                                             Vs.


                     1.The State rep by
                       The Inspector of Police,
                       All Women Police Station,
                       Sellur, Madurai City.
                       (Crime No.16 of 2022)                       ... Respondent/Complainant


                     2.*********                                   ...Respondent/Defacto Complainant


                     PRAYER: The Criminal Appeal is filed under Section 14-A(ii) of SC/ST (POA) Act,
                     1989, to call for the records pertaining to the order dated 29.04.2022, made in
                     Cr.M.P.No.516 of 2022 passed by the learned Principal Special Court for
                     Exclusive trial of Cases under POCSO Act, 2012, Madurai, and to set aside the
                     same and enlarge the appellant on bail in connection with the Crime No.16 of
                     2022 on the file of the Respondent police by allowing this Criminal Appeal.


                                  For Appellant        : Mr.S.Selvakumar
                                  For R1 & R2          : M/s.M.Aasha
                                                         Government Advocate (Crl.Side)




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                      Crl. A(MD) No.352 of 2022


                                                           JUDGMENT

The present Criminal Appeal has been filed to set aside the order,

dated 29.04.2022, made in Cr.M.P.No.516 of 2022 on the file of the Principal

Special Court for Exclusive trial of Cases under POCSO Act, 2012, Madurai.

2. The case of the prosecution is that the petitioner got married the

defacto complainant and sexually abused her by using her caste name and also

threatened her with dire consequences. Therefore, the first respondent

registered a case against the petitioner in Cr.No.16 of 2022 for the offences

under Section 5(1), 5(j) (ii) & 6 of the Protection of Children from Sexual

Offences Act, 2012, Section 9 of Prohibition of Child Marriage Act, and Section

3(1) w (i) r/w 3(2) (v) of SC/ST (Prevention of Atrocities) Act.

3. While investigation is pending, the petitioner filed a petition for bail

and the same was dismissed on the ground that if the petitioner is released on

bail, at the stage of investigation pending, there is likelihood of absconding and

the investigation will be left pending. That apart, he is incarceration for a period

of more than 50 days and therefore, prayed for enlarging the petitioner on bail.

5. Heard the learned counsel appearing for the petitioner and the

learned Government Advocate (Crl.Side) appearing for the first respondent and

perused the materials available on record.

https://www.mhc.tn.gov.in/judis Crl. A(MD) No.352 of 2022

6. Considering the above facts and circumstances of the case, this

Court is inclined to allow the Criminal Appeal by setting aside the order, dated

29.04.2022, made in Cr.M.P.No.516 of 2022 on the file of the Principal Special

Court for Exclusive trial of Cases under POCSO Act, 2012, Madurai.

7. Accordingly, the Criminal Appeal is allowed and the order, dated

29.04.2022, made in Cr.M.P.No.516 of 2022 on the file of the Principal Special

Court for Exclusive trial of Cases under POCSO Act, 2012, Madurai, is set aside.

The appellant 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 Principal Special Court for Exclusive trial of

Cases under POCSO Act, 2012, Madurai, and on further condition that:

[a] the appellant shall appear before the Principal Special Court for Exclusive trial of Cases under POCSO Act, 2012, Madurai, daily at 10.30 a.m., till the disposal of the trial;

[b] the appellant shall not tamper with evidence or witness either during investigation or trial;

[c] the appellant shall not abscond either during investigation or trial;

https://www.mhc.tn.gov.in/judis Crl. A(MD) No.352 of 2022

T.V.THAMILSELVI.J.

Dss

[d] 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 appellants released on bail by the Trial Court itself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

                                                                              19.05.2022
                     Index        : Yes/No
                     Internet     : Yes/No
                     dss

                     Note: Issue Order copy on 19.05.2022




                     To:-

1.The Principal Special Court for Exclusive trial of Cases under POCSO Act, 2012, Madurai,

2. The Inspector of Police, All Women Police Station, Sellur, Madurai City.

Crl. A(MD)No.352 of 2022

https://www.mhc.tn.gov.in/judis