Baskaran vs Deputy Superintendent Of Police
2024 Latest Caselaw 21805 Mad

Citation : 2024 Latest Caselaw 21805 Mad
Judgement Date : 20 November, 2024

Madras High Court

Baskaran vs Deputy Superintendent Of Police on 20 November, 2024

                                                                                       Crl.A.No.1329 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 20.11.2024

                                                           CORAM

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                  Crl.A.No.1329 of 2024

                     Baskaran                                        ...           Appellant /Accused

                                                             Vs.

                     1.Deputy Superintendent of Police,
                     Arakonam,
                     Ranipet District.

                     2.State Rep.by Inspector of Police
                     Avalur Police station,
                     Vellore.

                     3.Usha                                          ...               Respondents

                     Prayer: Criminal Appeal filed under Section 14(A)(2) of the Scheduled
                     Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set
                     aside the order passed in Crl.MP No.1394 of 2024 dated 08.10.2024 on the
                     file of the Special Judge for Exclusive trial of cases under POCSO Act,
                     2012, Vellore, in Crime No.77 of 2024 on the file of the 2nd respondent polie
                     and consequently, release the appellant on bail.


                                      For Appellant           :    Mr.S.Sairaman


                     Page No.1 of 8



https://www.mhc.tn.gov.in/judis
                                                                                          Crl.A.No.1329 of 2024


                                        For Respondents-1 & 2 :       Dr.C.E.Pratap
                                                                      Government Advocate(crl.side)

                                        For R-3                   :   Mr.B.Radhika
                                                                      Legal-aid counsel

                                                           JUDGMENT

This appeal has been filed challenging the dismissal of the petitioner's

application for bail by the trial court.

2. The allegation against the appellant is that he is the neighbour of

the victim child; that on 14.05.2024, at about 7.00 p.m., he trespassed into

the house of the victim in an inebriated condition and harassed the victim,

committed sexual assault and forced her to have sexual intercourse; that

when the victim refused, he abused her in filthy language and also by

insulting her caste.

3. On the complaint given by the victim, a case was registered by the

respondent in Crime No.77 of 2024 for the offences u/s 452, 354, 354(A)(i),

354(A)(i)(ii), 506(i) of IPC, Section 8, 7 of POCSO Act, 2012, r/w Section

3(2)(va) of SC/ST (POA) Act.

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4. The learned counsel appearing for the petitioner would submit that

pursuant to the complaint, the petitioner was arrested on 18.05.2024 and he

is in custody ever since then; that since the final report has already been

filed, his custody is not required for the purpose of investigation and that he

would abide by any stringent conditions imposed by this court.

5. The learned Government Advocate (crl.side), on instructions,

would submit that the final report has already been filed and the number is

yet to be assigned by the special court.

6. Inspite of receipt of notice by the third respondent, none has entered

appearance. Hence, this Court appointed Ms.B.Radhika, as legal-aid

counsel, to assist this court on behalf of the respondent.

7. The learned counsel appearing on behalf of the third respondent

would submit that considering the nature of the allegations and the status of

the parties, if the petitioner is released on bail, he would harass the victim

and therefore prayed that no indulgence should be shown to the petitioner.

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8. Heard the learned counsel for the appellant as well as third

respondent and the learned Government Advocate (crl.side) appearing for

the respondents 1 & 2.

9. The allegations against the petitioner is that he trespassed into the

house of the victim and compelled her to have sexual intercourse. The

petitioner is in custody from 18.05.2024. Infact, the petitioner was detained

under the Preventive Detention Act and this Court had released him by order

dated 12.09.2024 in HCP No.2114 of 2024. The final report has been filed

now and hence the petitioner has to defend himself in the trial court.

However, if the petitioner causes further harassment to the victim, girl, it is

needless to say that appropriate action would be taken against the petitioner.

In the above said circumstances, this court is inclined to grant bail to the

appellant.

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10. Accordingly, the appellant is ordered to be released on bail subject

to the following conditions :

(i) The appellant shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only), with two sureties each for a like sum to the satisfaction of the learned Special Judge for Exclusive trial of cases under POCSO Act, 2012, Vellore ;

(ii) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(iii) the appellant/accused shall stay at Vellore and report before the Vellore Town Police Station at 10.30 am. on every Monday until further orders and shall appear before the trial court on all hearing dates without fail.

(iv)the appellant shall not commit any offences of similar nature;

(v)the appellant shall not abscond either during investigation or trial;

(vi)the appellant shall not tamper with evidence or witness either during investigation or trial;

(vii)on breach of any of the aforesaid conditions, the learned Trial Judge 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

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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];