Chandrasekar vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 12.11.2023 in Crime No.18 of 2023 registered for the alleged offences punishable under Sections 3(b) r/w 4(2), 5(m) r/w 6 of Protection of Children from Sexual Offences Act, 2012, seeks bail.

Learned counsel appearing for the petitioner submitted that this is the second application for bail filed by the petitioner and the earlier bail application in Crl.O.P.No.5691 of 2024 was dismissed by this Court on 07.03.2024. He further submitted that the petitioner is an innocent person and he is no way connected with the alleged offence. He also submitted that the petitioner is in custody from 12.11.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection stating that the accused/petitioner herein, who is the neighbour of the de facto complainant, had sexually abused the de facto complainant's daughter, aged about 7 years. He further submitted that the investigation in this case has almost been completed and the statements under Section 164 Cr.P.C., have also been recorded from the minor victim girl.

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record including the statement recorded from the victim girl under Section 164 Cr.P.C.

Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel on either side and taking note of the fact that the investigation in this case is almost completed, this Court is inclined to grant bail to the petitioner with certain conditions.

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 (out of which, one shall be the blood related surety), each for a like sum to the satisfaction of the learned Judicial Magistrate, Palladam, Tiruppur District, 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 three months and thereafter, as and when required for interrogation;

[c] It is made clear that the petitioner shall not communicate with the victim girl;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] 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];

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