Vansylic Israel Pintu v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM

Vansylic Israel Pintu, ... Petitioner/Accused Vs The State rep. by, The Inspector of Police, All Women Police Station, Pudukkottai District. Crime No. 10 of 2023. ... Respondent/Complainant

For Petitioner : M/s.Samidurai K,

Advocate.

For Respondent : Ms.M.Aasha,

Government Advocate (Crl.Side) For Intervenor : Mr.G.Mathavan, Advocate

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No. 10 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on

10.08.2023 for the alleged offence punishable under Sections(*) 5(1), r/w 6(1) of POCSO Amendment Act, 2019 in Crime No.10 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was working as a Teacher in a private school and the victim was a 10th Standard student. When the petitioner was taking private class from October 2022 to November 2022, he has sexually abused the victim in his residence. The victim informed her father and thereafter, the case has been registered.

3.The learned counsel appearing for the petitioner would contend that as per prosecution, the occurrence took place between October 2022 to November 2022, however, the complaint has been given on 10.08.2023. In this case, final report has been filed in S.C.No.32/2023, however, the petitioner is in jail from 10.08.2023. He would further contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence he seeks bail.

4.The learned Government Advocate (criminal side) appearing for the respondent Police would submit that the petitioner apart from the victim, has sexually misbehaved with other students, however, the other students are not willing to come forward to give statement as against the accused out of fear in the society. Hence, the learned Government Advocate (criminal side) has strongly objected to grant bail to the petitioner. She would further submit that if the petitioner is released on bail, he will abscond and hence, his passport has to be surrendered.

¶5A perusal of the report filed by the Investigating Officer along with the statement of the victim, it is noticed that apart from victim Parthiba, other students were subjected for sexual misbehaved. However, the affected other victims were not ready to come forward to give statement out of fear. For better appreciation, the relevant portion of the said report extracted hereunder:- ",t;tHf;fpd; vjphpahd btd;rPypf; ,!;nuy; gpz;L vd;gth; brd;id cah;ePjpkd;wk; kJiu fpisapy; gpizf;nfhhp kD jhf;fy; bra;j gpwF khtl;l FHe;ijfs; ey FGkj;jpy; nuckh. ntjbyl;Rkp Mfpnahiu M$h; bra;j nghJk; nkw;go rpWkp ,UtUk; j';fsplk; beUf;fkhft[k; jtwhd vz;z';fspYk; vjphp mQqfpajhf jw;nghJ czh;fpnwhk; vd bjhptpj;jhh;fs;/ Mdhy; vkJ tprhuizapy; rpWkp ghh;j;jpgh jd;id nghy nu kh vHpyurp MfpnahhplKk; jtwhf ele;jhh; vd;W nuckh vd;w rpWkpia tprhhpj;jnghJk; jdJ njhs; bjhil ,Lg;nghL nfhh;j;J gpoj;J cug bra;thh; vd;Wk; brhd;dhh;/ mg;nghJ cdf;F ntW ahh; kPJk; re;njfk; cs;sjh vd;W nfl;lnghJ vHpyurpaplk; rhh; jtwhf ele;jhh; vd;W brhd;dhh;/ nkYk; vjphpahdth; jd;dplk; gof;Fk; midj;J gps;isfspl;k ek;gpf;ifia Vw;gLj;jp jdJ ,r;irf;F rpy rpWkpfsplk; jtwhf ele;Js;shh; vd bjhpa tUfpwJ. Mdhy; jw;nghJ ve;j rpWkpfSk;. mth;fsJ bgw;nwhh;fSk; rKjhaj;jpw;F gae;J g[fhh; bfhLf;fnth ahUk; Kd;tutpy;iy. vdnt. ,t;tHf;fpd; ghjpf;fg;gl;l rpWkpf;F epahak; fpilf;f ntz;Lbkdpy; vjphpia gpizapy; tpl;lhy; rhl;rpfis fiyf;fnth ePjpkd;w tprhuizia jtph;f;f jiykiwthf[tk; tha;g;g[s;sjhy; vjphpia gpizapy; tpl vkJ Ml;nrgizia gzpt[ld; rkh;ggpf;fpnwd;."

¶6From the above statement it is seen that apart from the defacto complainant, other alleged victim girls were not come forward to give any complaint against the petitioner. Further, the petitioner is in custody from 10.08.2023 and the investigation has been completed and charge sheet has also been filed. Therefore, considering the facts and circumstances and also considering the period of incarceration and and taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [i] Accordingly, the petitioner is ordered to be released on bail on condition to 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 Mahila Court, Pudukkottai and on further conditions that:

(ii) the sureties shall affix their photographs and left thumb impression in the surety bond and the Judge/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(iii) the petitioner shall appear before the trial Court as directed by the trial Court.

(iv) the petitioner is directed to surrender his passport, if he is having passport, otherwise, he has to file an affidavit to that effect.

(v)the petitioner shall not tamper with evidence or witness;

(vi)the petitioner shall not abscond during trial.

(vii) 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].

vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

¶7Further, the trial Court is directed to complete the trial within a period of three months from the date of receipt of a copy of this order.

sd/-

20/11/2023 (*)AMENDED AS PER ORDER OF THE COURT DATED 07.12.2023 IN CRL MP

(MD)NO.17302 OF 2023 IN CRL OP

(MD)NO.18077/2023

/ TRUE COPY /

11/12/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. SKN TO TO BE SUBSTITUTED WITH THE ORDER DATED 20/11/2023 ALREADY DESPATCHED.

¶1The Judge, Mahila Court, Pudukkottai.

¶2The Officer Incharge, Pudukkottai District Jail & Borstal School, Pudukkottai.

¶3The Inspector of Police, All Women Police Station, Pudukkottai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/s. K. SAMIDURAI, Advocate SR-17439 dated 08/12/2023 ORDER IN CRL OP(MD) No.18077 of 2023 Date :20/11/2023 SSA/20.11.2023/7P/7C RK/11.12.2023(9P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023