Baskar vs State

G.Chandrasekharan, J

The petitioner, who was arrested and remanded to judicial custody on 12.08.2023 for the offence punishable under Section 11(1), 12 of Protection of Children from Sexual Harassment Act, 2012 in Crime No.8 of 2023 on the file of the respondent police, seeks bail.

Learned counsel for the petitioner submitted that, petitioner is falsely implicated as an accused for the offences punishable under Section 11(1), 12 of Protection of Children from Sexual Harassment Act, 2012 in Crime No.8 of 2023. Petitioner is in Judicial Custody from 12.08.2023. Thus, he seeks bail to the petitioner.

In response, learned Additional Public Prosecutor submitted that, petitioner was aged 48 years, whereas victim was aged 7 1/2 years. Petitioner said to have committed sexual harassment against the victim girl by removing his inners and invited the victim girl for the sexual relationship. Section 164 Cr.P.C statement of the victim girl was recorded. Medical examination was over. Thus, he prays for dismissal of this petition.

Considered the rival submissions and perused the records.

The reading of the 164 Cr.P.C shows that, on the date of incident, petitioner said to have removed his jatti and baniyan in front of his house and invited the victim girl. Then, he received a phone call and left. Except this allegation, there is no other allegation of sexual assault/harassment made against the victim girl.

Considering the fact that, petitioner is in judicial custody from 12.08.2023 and that material part of the investigation might have been completed by this time, this Court is inclined to grant bail to the petitioner with conditions and the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional Mahila Court (Magistrate Level), Thiruvarur 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 at 10.00 a.m., until further orders.

[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.