A writ petition was filed under Section 14A of SC/ST (POA) Amended Act, 2016, in Madras High Court in the case of Vaitheeswaran v. The Deputy Superintendent of Police, Tamil Nadu, and Ors. The filing was to set aside the order dated 29.06.2020 made in Cr.M.P.No. 407 of 2020. Justice Mr R. Tharani heard and disposed of the matter of writ petition.
Facts of the Case
Allegedly Appellant had an affair with the defacto complainant. The Appellant reportedly promised to marry and had sexual intercourse with her and later refused to marry her due to caste differences. But on 29.06.2020, a case was registered against the Appellant for Section 376, 417, 294(b) of the Indian Penal Code, and Section 3 od (PoA) Act. The Appellant is in custody for the past 71 days since 30.05.2020.
Arguments of the Parties
The Petitioner contended that the order dated 29.06.2020 of CrMP No. 407/2020 should be set aside and leave the Appellant on bail. The Appellant is in custody since the last 71 days of medical examination was over. Since the significant part of the investigation might have been completed by this time, he should be granted bail. The Appellant agrees to follow all the conditions set by Court for the appeal to be allowed.
The Respondents contended that the investigation is still pending. A medical examination report is yet to be received. Hence, the bail of the Appellant will result in interference with an investigation by tampering with witnesses and evidence.
Observation of Court
The Court observed that even though the Appellant has been in custody since the last 93 days, there has been no charge sheet filed. Hence is entitled to statutory bail. The Court imposed certain conditions:
- The Appellant has to create a bond of Rs. 10,000/- along with two sureties, of whom one should be a blood relative.
- The sureties must affix their photographs, left thumb impression in the surety bond and a copy of Aadhar Card or Bank Pass Book for confirmation of identity.
- No interference by the Appellant in the investigation.
- Cooperation of the Appellant with respondents for investigation. No tampering with evidence or witnesses.
- The Appellant should not leave the city and district.
- The Appellant shall present himself twice at a police station assigned at 10 am and 5 pm.
- Breach of any condition will result in Court taking appropriate action against the Appellant.
Decision of Court
The Court disposed of the petition.
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