Ajithkumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 08.09.2022 for the offence under Sections 376(2), 323, 506(ii) of IPC and Sections 6, 5(1), 5(j)(1) of Protection of Children from Sexual Offences Act, Section 9 of Child Marriage Act and Section 3(2)(v) of SC/ST (A) of IPC in Crime No.12 of 2022, on the file of the respondent police, seeks bail.

On the complaint given by de-facto complainant that the petitioner has committed penetrative sexual assault on his minor daughter, aged about 16 years, a case in crime No.12 of 2022 has been registered by the respondent Police. Hence the case.

The learned counsel appearing for the petitioner submitted that the petitioner, who is aged about 23 years, is an innocent person and a false complaint has been given as against him. He further submitted that the petitioner, without understanding the consequences and rigours of the Protection of Children from Sexual Offences Act, had relationship with the minor victim girl. He also submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and he is in judicial custody from 08.09.2022. Hence, he prays for grant of bail to the petitioner.

4.The Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner has committed penetrative sexual assault on his minor daughter, aged about 16 years. He further submitted that the minor victim girl has been secured and the statement has also been recorded from her under 164 Cr.P.C. He further submitted that the investigation has been completed and charge sheet has also been filed. However, he opposed to grant bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record including the 164 statement recorded from the victim girl.

6.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the charge sheet has been filed and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties (One should be a blood related surety) each for a like sum to the satisfaction of learned Special Judge for Exclusive Trial of Cases under POCSO Act, Vellore and on further conditions that:

(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent Police on every Saturday at 10.30 a.m., for a period of four months and also appear before the trial Court hearings without fail.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e) 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;