Madras High Court

Kathavarajan vs The Deputy Superintendent Of Police on 24 September, 2024

Author: M.Nirmal Kumar

Bench: M.Nirmal Kumar

                                                                               Crl.A.No.1057 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 24.09.2024

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                              Crl.A.No.1057 of 2024

                     Kathavarajan                                          ... Appellant

                                                       Vs.

                     1.The Deputy Superintendent of Police,
                       Opp to Dharmapuri Town Police Station,
                       Nethaji Bypass Road,
                       Dharmapuri Dist.,
                       Dharmapuri.

                     2.State represented by
                       Inspector of Police,
                       Dharmapuri Police Station,
                       Dharmapuri Dist.,
                       Crime No.263/2024.

                     3.Nagendran                                           ... Respondents

                     PRAYER: Criminal Appeal filed under Section 14A(2) of the Scheduled
                     Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, to set
                     aside the order in Cr.M.P.No.495/2024 on the file of the Sessions Judge,
                     The Special Court for Exclusive Trial of Cases under POCSO Act,
                     Dharmapuri and enlarge the petitioner on bail pending investigation in
                     Crime No.263/2024 on the file of the first respondent.



                     Page No.1 of 10



https://www.mhc.tn.gov.in/judis
                                                                                       Crl.A.No.1057 of 2024


                                        For Appellant     :     Mr.B.Suresh

                                        For R1 & R2       :     Mr.R.Vinothraja,
                                                                Government Advocate (Crl. Side)

                                        For R3            :     Ms.Nethra Ashok for Ms.K.Shalini
                                                                Legal Aid Counsel


                                                          JUDGMENT

This Criminal Appeal has been filed to set aside the impugned order,

dated 18.06.2024 in Cr.M.P.No.495 of 2024 passed by the learned Sessions

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

Dharmapuri and enlarge the appellant on bail in connection with Crime

No.263 of 2024 on the file of the 2nd respondent Police.

2.The appellant is an accused in Crime No.263 of 2024 for offence

under Sections 5(l) & 6 of the Protection of Children from Sexual Offence

Act, 2012 and Sections 3(1)(2)(i), 3(2)(v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The

appellant filed a bail application before the learned Sessions Judge, Special

Court for Exclusive Trial of cases under POCSO Act, Dharmapuri in

Cr.M.P.No.495 of 2024 and the same was dismissed vide impugned order,

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

dated 18.06.2024. Aggrieved over the same, the present Criminal Appeal is

filed.

3.Despite service of notice and name printed in the cause list, no

representation for the 3rd respondent/defacto complainant either in person or

by any respective counsel. Hence, this Court appointed Ms.K.Shalini as

Legal Aid Counsel for the 3rd respondent vide order, dated 04.09.2024.

4.The learned counsel for the appellant submitted that the victim girl

was studying first year E.E.E at Marutham Nelli College, Dharmapuri and

the appellant is the college Bus Driver. The appellant developed love

relationship with the victim girl. The victim girl belongs to Scheduled

Caste community and the appellant belongs to MBC Community. Since

there was resistance from both the families, the appellant and the victim girl

had left Dharmapuri and stayed in the victim girl's sister house at Chennai

where the appellant had committed penetrative sexual assault on the victim

girl. Thereafter, the victim girl and the appellant had gone to Bangalore in a

two wheeler. On the way, they stated in a hotel at Ambur, at that time, they

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

had physical relationship. In the meanwhile, the victim girl's father/3 rd

respondent lodged a complaint to the 2nd respondent Police on 17.05.2024

stating that his daughter who had gone to college on 15.05.2024 not

returned back home, found missing. On the complaint, FIR in Crime

No.263 of 2024 registered for 'Girl Missing'. Later, on 18.05.2024 the

appellant was arrested and the case altered to offence under Sections 363 &

366 of IPC and 3(1)(w)(i) r/w 3(2)(v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 5(l) r/w

6 of the Protection of Children from Sexual Offence Act, 2012. In this case,

investigation completed and charge sheet filed on 06.08.2024, but not yet

numbered. He further submitted that the love affair has been given as

communal colour and the appellant falsely implicated in this case. Hence,

seeks bail.

5.The learned counsel appearing for the 3rd respondent/defacto

complainant submitted that the victim girl fears threat for her life and

security. If the appellant is let out on bail, he would be security threat to the

victim girl. Hence, strongly opposed this appeal.

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

6.The learned Government Advocate (Crl. Side) appearing for the

respondents 1 and 2 submitted that in this case, on the complaint of the

victim girl's father/3rd respondent, a girl missing FIR registered on

17.05.2024. On the arrest of the appellant, the victim girl rescued and the

case altered to Sections 363 & 366 of IPC and 3(1)(w)(i) r/w 3(2)(v) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 and Sections 5(l) r/w 6 of the Protection of Children from Sexual

Offence Act, 2012. The appellant enticed the victim girl on the pretext of

marriage and took her to various places and committed penetrative sexual

assault. In this case, after rescuing the victim girl, she was produced before

the Doctor and also produced before the Magistrate and statement under

Section 164 Cr.P.C recorded. The appellant produced before the Doctor for

medical examination. Now the investigation completed, charge sheet filed

listing LW1 to LW32 and documents and the trial itself can be completed

within a stipulated period. He further submitted that the victim girl's

apprehension of security threat cannot be brushed aside lightly since the

appellant was a College Bus Driver where the victim girl is now studying.

Hence, strongly opposed the appeal.

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

7.At this stage, the learned counsel for the appellant on instructions

submitted that the appellant will not enter the college where the victim girl

is studying, till completion of trial and he will not be a reason for any threat

to the victim girl.

8.Considering the submissions and on perusal of the materials, it is

seen that primarily it is a love affair between two different community

persons. The victim girl, a minor had gone along with the appellant to her

sister's house at Chennai and thereafter, they had gone to Bangalore.

During such time, the appellant alleged to have committed penetrative

sexual assault. The complaint of the 3rd respondent is that her

daughter/victim girl was found missing after she had gone to the college on

15.05.2024. Now the investigation completed and charge sheet filed before

the trial Court.

9.In view of the above, this Court is inclined to grant bail to the

appellant subject to the following conditions.

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

(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 Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri.

(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 shall appear before the 2nd respondent Police on the first week of every Monday at 10.30 a.m till the completion of the trial except on the days when he is required to appear before the trial Court. In any event, the appellant will not be reason for the delay of the trial.

(iv)The appellant shall appear before the trial Court on all hearing dates without fail.

(v)The appellant shall not enter into Marudham Nelli College, Dharmapuri and shall not give any inconvenience or trouble knowingly or unknowingly to the victim girl and her family, failing which, the bail shall be cancelled without any further reference.

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

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

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

(ix)on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the

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

appellant in accordance with law as if the conditions have been imposed and the appellant 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];

(x)if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

10.In view of the above, the impugned order, dated 18.06.2024 in

Cr.M.P.No.495 of 2024 passed by the learned Sessions Judge, Special Court

for Exclusive Trial of Cases under POCSO Act, Dharmapuri is set aside and

the Criminal Appeal is allowed.

24.09.2024 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No

vv2 Note: Issue Order Copy on 25.09.2024.

1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri.

2.The Deputy Superintendent of Police, Opp to Dharmapuri Town Police Station, Nethaji Bypass Road, Dharmapuri District.

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

3.The Inspector of Police, Dharmapuri Police Station, Dharmapuri District.

4.The District Prison, Dharmapuri.