T. Sundar v. Superintendent of Police, C. I. D. , Puducherry
2015-02-23
P.DEVADASS
body2015
DigiLaw.ai
ORDER 1. Since there is common factual matrix, common arguments have been heard and thus this common order is being rendered. 2. Petitioners are members of Puducherry Police. 3. Out of them petitioner Rajaram has now retired. 4. Petitioners seeks anticipatory bail. Their details are as under:- S. No. Crl. O.P. No. Name Rank Post 1. 225/15 T. Sundar A-18 Inspector of Police 2. 330/15 V. Yuvaraj A-10 Inspector of Police 3. 384/15 A. Anusa Basha A-12 S.I. of Police 4. 657/15 V. Rajaram A-16 S.I. Police (Retd.) 5. 840/15 B. Kumaravel A-11 Head Constable 6. 841/15 R. Balakrishnan A-15 S.I. of Police 7. 1331/15 G. Sankar A-13 Police Constable 8. 2387/15 Selvakumar A-17 Spl. Grade Police Constable 5. Learned Senior Counsels and the learned counsels appearing for the petitioners have submitted that the petitioners have been implicated in this case. Petitioners are not named in the FIR. Long after the registration of the case, based on the report of an Identification Parade conducted through video conferencing on 18.12.2014, petitioners have been implicated in this case. There is no concrete incriminating materials to include them in this case. 6. The learned counsels also contended that now that the identification parade is over, petitioners cannot interfere with the investigation. They are ready to co-operate with the Investigation Agency. Co-accused were already granted bail. A-9 Tamil Selvan, who was included in this case, based on similar basis has been granted bail. 7. The learned Senior Counsel appearing for petitioner Rajaram also contended that the alleged occurrence was on 11.4.2014. However, even before that on 31.1.2013, Rajaram has retired from Puducherry Police Service. He has been asked to put on police uniform and was included in the parade and was also included as an accused in this case. There is no acceptable basis to include him in this case. 8. The learned Senior Public Prosecutor, Union Territory of Puducherry contended that at the identification parade, petitioners were identified by the minor victim girls. There is incriminating materials as against them. Their custodial interrogation is necessary. In the circumstances, steps were taken to apprehend them. However, they went underground. 9. The learned Senior Public Prosecutor also contended that the petitioners are involved in child sex racket. They have no regard for law. They are like fence eating the grass. Possibility of they criminally intimidating the poor victim girls cannot be ruled out.
In the circumstances, steps were taken to apprehend them. However, they went underground. 9. The learned Senior Public Prosecutor also contended that the petitioners are involved in child sex racket. They have no regard for law. They are like fence eating the grass. Possibility of they criminally intimidating the poor victim girls cannot be ruled out. If let out, they will interfere with the investigation and also flee away from justice. 10. The learned counsel for the Intervenor submitted that the petitioners have committed an heinous and inhuman act on poor minor girls. They acted like vultures. They are animals in police uniform. They have no respect for law and law enforcement. They are wielding enormous power. They are having clout in Puducherry Police. They have men, money and material at their command. Their role in this case and its magnitude have to be gauged through investigation thoroughly and truth shall be brought out. Their case is not a fit case for grant of anticipatory bail. Further, it is appropriate to handover the investigation to CBI. 11. I have anxiously considered the rival submissions, averments in the petitions for anticipatory bail, counter filed by the prosecution and the case-diary. 12. This case relates to Puducherry Sex Racket/Scandal involving several persons. 13. Two minor girls aged about 14 and 16 respectively were enquired by Dr. Vidya Ramkumar, Chairperson, Child Welfare Committee, Puducherry. It came to light that they were subjected to sexual harassment, initiated in prostitution by certain pimps. Based on the report, the Grand Bazaar Police, Pudhcuerry registered a case in Crime No.89 pf 2014 for offences under Sections 4, 6 and 16 of Protection of Children from Sexual Offences Act, 2012 (POSCO Act) and Sections 3, 4 and 7 of Immoral Traffic Protection Act, 1956. 14. Investigation was undertaken by local police. In view of public outcry and for other reasons, subsequently, the investigation has been transferred to CBCID, Puducherry. In the course of investigation, it came to light that eight adult accused and two female juveniles in conflict with law have been concerned in this sex racket. 15. It came to light that the minor girls have been tortured, made to have sex with many including certain Africans.
In the course of investigation, it came to light that eight adult accused and two female juveniles in conflict with law have been concerned in this sex racket. 15. It came to light that the minor girls have been tortured, made to have sex with many including certain Africans. It also came to light that the the minor victim girls were administered some sedatives and they were raped, such an heinous and inhuman act was also photographed and the said obscene pictures were shown to the minor girls and on threat of being made them public, the child victims were forced to have sex with many for money. 16. At one point of time, investigation was brought to an end and Final Report was filed before the learned Special Judge, under POSCO Act/Principal Sessions Judge, Puducherry as against A-1 to A-8 for offences under Sections 4, 6 and 16 of Protection of Children from Sexual Offences Act, 2012, Sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956, Section 67 of Information Technology Act, 2000, Sections 376, 346 IPC read with Section 34 IPC and 506(i) I.P.C. and the similar report was also filed as against two female juveniles in conflict with law before the Juvenile Justice Board, Puducherry. 17. Subsequently, A-9 was arrested. 18. In Crl.O.P.No.39366 of 20014, A-9 sought for bail before this Court. This Court (Justice P.N.Prakash) after hearing the learned counsel for the petitioner, learned Public Prosecutor, Puducherry and the learned counsel for the Intervenor, issued several directions. The Court also directed conducting of Test Identification Parade through video conferencing in the presence of a lady Magistrate with respect to policemen who were also alleged to have been involved in this sex racket. A-9 was granted bail. 19. On 18.12.2014, as directed, the Test Identification Parade was conducted. Certain policemen have participated in this parade. Some of them were identified by the two victim girls. It includes the petitioners. Thus, they were identified. Under these circumstances, respondent-police took steps to arrest the petitioners. 20. At this juncture, the petitioners seek bail before jail/pre-arrest bail. 21. The statement of the victim girls have been recorded by the police under Section 161 Cr.P.C. It is pertinent to note that the victim girls have stated about their traumatic experience to certain Child Right Activists. They were also have been examined by the police.
20. At this juncture, the petitioners seek bail before jail/pre-arrest bail. 21. The statement of the victim girls have been recorded by the police under Section 161 Cr.P.C. It is pertinent to note that the victim girls have stated about their traumatic experience to certain Child Right Activists. They were also have been examined by the police. Their statements have also been recorded. Further, the statement of the victim girls were also recorded before a Magistrate under Section 164 Cr.P.C. 22. There are incriminating materials containing information that besides they being sexually harassed, abused, raped, assaulted by certain persons, the victim girls were also so harassed, abused by certain police personnel. In their statement, the victim girls have described the policemen who have raped them. In the Test Identification Parade, the victim girls have identified the petitioners. A-16 was Sub Inspector of Police in Puducherry Police and he retired on 31.1.2013. The sex racket was busted only subsequently. The FIR was registered subsequently. It is pertinent to note that in their statement the victim girls have stated that some policemen who have raped them were in traffic uniform, some of them were in civil dress. The victim girls identified the petitioners clearly in the Test Identification Parade before the Magistrate. There are incriminating materials as against the petitioners. 23. Two basic requirements for seeking advance bail under Section 438 Cr. P.C. are cognizable offence and apprehension of arrest. 24. The minute distinction between a regular (custody) bail and anticipatory bail is that in the former case, the accused will be asking bail from jail and in the latter case, he will be asking bail from outside the jail. In both type of cases, the consideration for the grant of bail and refusal of it almost analogous with little and shuttle difference because of their nature. 25. In this case, petitioners apprehends arrest in connection with alleged commission of certain cognizable offences. They were accused of having committed rape on two minor girls. They were accused of having committed heinous and inhuman act. They were stated to be vultures in police uniform. Very grave accusations are made as against them. With great difficulty, on the intervention of this Court, the Test Identification Parade was conducted and the victim girls have identified the petitioners. There are information that an Inspector of Police over phone threatened the victim girls.
They were stated to be vultures in police uniform. Very grave accusations are made as against them. With great difficulty, on the intervention of this Court, the Test Identification Parade was conducted and the victim girls have identified the petitioners. There are information that an Inspector of Police over phone threatened the victim girls. Petitioners are not ordinary persons. They are having long experience of criminal law, criminals. They know many hideouts, escape routes. They command lot of influence and have men, money and material at their disposal. They have the propensity and ability to overawe the poor victim girls. Possibility of they interfering with investigation, cannot be ruled out. There are incriminating materials which are required to be probed through custodial interrogation. 26. In the facts and circumstances, we are not inclined to grant them anticipatory bail. 27. Thus, these Criminal Original Petitions are dismissed.