Anbarasu vs State

C.V.Karthikeyan, J

The petitioner seeks bail in Spl.S.C.No.80 of 2023 now pending trial before the Special Court for Exclusive Trial of Cases under the POCSO Act, Villupuram.

2.Originally, the petitioner was arrested and remanded to judicial custody on 25.05.2023 for the offences punishable under Section 506(1) of IPC r/w Sections 5(I) and 6 of POCSO Act in Crime No.06 of 2023 on the file of the respondent police.

3.Thereafter, on conclusion of investigation, final report had been filed and taken cognizance in Spl.S.C.No.80 of 2023. The trial is now pending before the Special Court for Exclusive Trial of Cases under the POCSO Act, Villupuram in Spl.S.C.No.80 of 2023.

4.Since the trial is pending, it may not be appropriate on the part of this Court to examine the facts of the case, as now during the course of trial, the allegations will have to be determined by the learned Trial Judge.

5.One factor is stressed upon by the learned counsel for the petitioner that the victim had married another person and is now living in Bombay. This fact was sought to be verified by the respondent and the learned Government Advocate (Criminal Side) produced her marriage invitation and certificate from the Village Administrative Officer and also two photographs of that particular marriage.

6.Taking all the factors into consideration and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner.

7.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 Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO Act, Villupuram, 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 appear before the trial Court on every Monday at 10.30 a.m., till framing of charges apart from the Court hearing dates and after charges are framed during the Court hearing dates till completion of the trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.