Dharmaraj vs The State Represented By
2023 Latest Caselaw 7210 Mad

Citation : 2023 Latest Caselaw 7210 Mad
Judgement Date : 28 June, 2023

Madras High Court

Dharmaraj vs The State Represented By on 28 June, 2023

                                                                               Crl.A.No.503 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated 28.06.2023

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                                    Crl.A.No.503 of 2023

                     Dharmaraj                                                  ... Appellant

                                                        Vs.

                     1.The State represented by
                        Inspector of Police,
                        All Women Police Station,
                        Sriperumbudur,
                        Kancheepuram District.
                        Cr.No.5 of 2020
                     2. Kumudha
                       (R2- impleaded as per order
                       of this court dt.13.06.2023 made
                       in Crl.M.P.No.8006/2023 in
                       Crl.A.No.503/2023)                                      ... Respondents

                     Prayer: Criminal Appeal filed under Section 14(A)(2) of the Scheduled
                     Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the
                     order dated 28.03.2023, in Crl.M.P.No.261 of 2023 in Spl.S.C.No.82 of
                     2020 by the Sessions Judge, Special Court for Exclusive Trial of cases
                     under POCSO Act, Chengalpattu
                                    For Appellant       : Mr.S.N. Subramani

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                                                                                       Crl.A.No.503 of 2023


                                        For Respondents : Mr.R. Vinoth Raja
                                                          Government Advocate (Crl. Side)
                                                          for R1
                                                          Mr.T.Nixon for R2


                                                          JUDGMENT

This Criminal Appeal Petition has been filed against the order passed

in Crl.M.P.No.261 of 2023 in Spl.S.C.No.82 of 2020 by the Sessions

Judge, Special Court for Exclusive Trial of cases under POCSO Act, dated

28.03.2023, Chengalpattu

2. The learned counsel for the petitioner submitted that the

respondent police registered a case against the petitioner in Cr.No.5 of 2020

for the offence under sections 363, 366, 506(i), 376AB of IPC and Sections

4 and 6 of POCSO Act and 3(1)(w), 3(2)(v) of SC/ST (Prevention of

Atrocities) Act, 2015. Pursuant to which, the petitioner was arrested. After

investigation, final report has been filed and the case has been taken on file

by the Sessions Judge, Special Court for Exclusive trial of Cases under

POCSO Act, Chengalpattu in Spl.S.C.No.82 of 2020. Pending trial, the

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petitioner, who was under the judicial custody was enlarged on bail by the

court below on condition that he should not abscond either during

investigation or trial. Since the petitioner absented himself from attending

the hearings before the court on account of Covid pandemic, the trial court

issued a non bailable warrant against him on 06.08.2021. Thereafter, the

same was executed on 04.03.2023 by arresting the petitioner. From that day

onwards, the petitioner was put under judicial custody. He further

submitted that in this matter, the petitioner compromised with the victim

girl . Thus he seeks for grant bail by allowing this appeal.

3. The learned Govt. Advocate (crl.side) submitted that before the

trial court, so far three witnesses have been examined including victim girl.

The victim girl and other prosecution witnesses are not supporting the

prosecution case and became a hostile witnesses. Now the case is pending

trial.

4. The submissions of the learned Govt.Advocate (crl.side) is

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recorded. Considering the nature of the offences alleged and also the fact

that victim girl and prosecution witnesses are not supporting the

prosecution case and turned hostile and further examination of other

witnesses is pending, this court inclined to grant bail to the petitioner .

5.Accordingly, the impugned order dated 28.03.2023 passed in

Crl.M.P.No.261 of 2023 in Spl.S.C.No.82 of 2020 by the Court of Sessions

Judge, Special Court for Exclusive Trial of Cases under POCSO Act, dated

28.03.2023, Chengalpattu, is set aside and Bail is granted to the petitioner.

The trial court is directed to disposed of the case within a period of two

months from the date of receipt of a copy of the order. The petitioner is

ordered to be released on bail on executing a bond for a sum of Rs.10,000/-

(Rupees ten thousand only) along with two sureties, each for a like sum to

the satisfaction of Sessions Judge, Special Court for Exclusive Trial of

Cases under POCSO Act,, Chengalpattu, on the following conditions;

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or

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Bank pass Book to ensure their identity;

(b) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(c) the petitioner is directed to appear before the trial court regularly on all hearings, as directed by the trial court and cooperate for trial to complete the same as early as possible

(d) the petitioner shall not abscond either during investigation or trial;

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