Ramesh vs Deputy Superintendent Of Police And Others

R. Tharani, J

This appeal has been filed to set aside the order in Crl.M.P.No.831 of 2021, dated 13.09.2021, on the file of the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram.

2.The case against the appellant is that the appellant has committed penetrative sexual assault on the victim girl aged about 13 years. A case in Crime No.7 of 2021 under Section 450 of IPC and Sections 3, 4(2) of POCSO Act and Section 3(2)(v) of SC/ST Act was registered against the appellant. The appellant has filed the bail application in Crl.M.P.No.831 of 2021 before the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram. That petition was dismissed by the trial Court on 13.09.2021. Against the same, the appellant has preferred this Criminal Appeal.

3.On the side of the appellant, it is stated that the appellant is in custody for the past 90 days. The chargesheet was not yet filed. The appellant was arrested on 22.08.2021 and prayed the appellant to be released on bail.

4.On the side of the respondents 1 and 2, it is stated that the offence is serious in nature. The victim girl is aged about 13 years. The victim girl belong to SC/ST community. The offence is against the society. The respondent police is taking steps to invoke Goondas Act against the appellant and prayed the appeal to be dismissed.

5.On the side of the respondents 1 and 2, it is fairly admitted that the chargesheet was not yet filed.

It is seen that though the offence is serious in nature, the prosecution has failed to file the chargesheet in time. The appellant is entitled for statutory bail under Section 167(2) of Cr.P.C. Hence, the Criminal Appeal is allowed and 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, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Sessions Judge, (Fast Track Mahila Court), Ramanathapuram.

(ii) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the l e a r n e d S e s s i o n s J u d g e , ( F a s t T r a c k M a h i l a C o u r t ) , R a m a n a t h a p u r a m m a y obtain a copy of their valid identity card to ensure their identity.

(iii) On release, the appellant shall not to enter Ramanathapuram District and shall reside in Karur and to sign before the Karur Town Police Station daily twice at 10:30 a.m., and 5.30 p.m., until further orders.

(iv) the appellant shall not tamper with evidence or witness either during investigation or trial.

(v) the appellant shall cooperate with the investigation.

(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court 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 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].