S. MYTHILI Vs. BALAJI AND ORS.

JUDGEMENT

(1.) THE present criminal original petition has been filed seeking to cancel the bail granted to the 1st respondent/accused in Crl.M.P. No. 1210 of 2014 dated 09.12.2014 by the learned Sessions Judge, Mahila Court, Chengalpattu.

(2.) THE petitioner/de facto -complainant is the mother of the victim girl Nandhini. It is averred by the de facto -complainant in the affidavit filed in support of the petition that on 07.10.2014, the petitioner's elder daughter Nandhini, who is aged 14 years and studying in a private school in Karampakkam, had gone to school as usual; but she did not return back to home in time from school. The petitioner made diligent search in the School, her friends' houses and neighbours' houses and enquired about her daughter and thereafter, she came to know that the 1st respondent herein/accused viz., P.Balaji @ Subramanian had kidnapped her daughter. Immediately, the husband of the petitioner had contacted the 1st respondent/accused through his cell -phone number and enquired about his missing daughter; the 1st respondent herein/accused had admitted that he had kidnapped the petitioner's daughter Nandhini and threatened that if he gives police complaint or if he searches his daughter, he would kill her. The petitioner had preferred a complaint with the 2nd respondent -Police on 07.10.2014 and the 2nd respondent -Police had initially registered a case on 08.10.2014 in Crime No. 1145 of 2014 under Sections 366(A) and 506(i) IPC. Since the 2nd respondent -Police was lethargic in conducting the enquiry and they had not secured the petitioner's daughter, the petitioner had filed H.C.P. No. 2762 of 2014 before this Court and the 2nd respondent -Police had filed a counter before this Court stating that they had secured the petitioner's daughter along with the accused and they had admitted the petitioner's daughter in a home at Kelly's and they had admitted the accused in Vellore Hospital since he had consumed poison and they had also altered the Sections to 366(A), 376, 506(i) IPC read with Section 4 of the Protection of Children from the Sexual Offences Act, 2012. According to the petitioner, the 1st respondent -accused has committed heinous offence against her minor school going daughter and has spoiled her entire future.

(3.) IT is also averred by the petitioner that after the release of the 1st respondent -accused from the prison on bail, on 13.12.2014 while the petitioner and her husband & children were eating their dinner around 8.00 p.m., two unknown persons, who could be identified by the petitioner and her husband, had come to the house of the petitioner and called her husband Sathya by name and they abused the petitioner and her husband in filthy language and threatened them not to pursue the complaint and if the petitioner and her husband do so, they would kill them. Hence, the petitioner's husband had given a complaint to the 2nd respondent -Police on 14.12.2014 in CSR.No. 1947/2014. Hence, the petitioner has filed the present petition seeking to cancel the bail granted to the 1 st respondent/accused.