C.Manikandan vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 23.10.2022 for the offences punishable under Sections 366 IPC @ 366 IPC and Section 9 of Child Marriage Act, 2006, Section 5(1) read with Section 6 of POCSO Act, 2012 in Crime No.50 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that there was a love affair between the petitioner and the victim girl, who aged about 17 years. The allegation is that the victim girl eloped with the petitioner and got married in a temple. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He would submit that the victim girl had a love affair with the petitioner and eloped with him. Aggrieved by the same, the parents of the victim lodged a false complaint against the petitioner. He further submits that the victim girl has now attained majority and that the petitioner has been suffering incarceration from 23.10.2022. Hence he prays for granting bail to the petitioner.

The learned Government Advocate (Crl.Side) submits that it is a case of love affair and though, now the age of the victim girl is 18, at the time of occurrence she did not even attained her majority. However, she has been secured and she is under the custody of her parents. He would submit that a statement under Section 164 of Cr.P.C. has been recorded from the victim girl. Hence, he vehemently opposed for grant of bail to the petitioner.

On a perusal of the statement under Section 164 Cr.P.C., reveals that it is a case of love affair. Considering the period of incarceration suffered by the petitioner, 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 each for a like sum to the satisfaction of the learned Sessions Judge, Principal POCSO Court, Salem and on further condition 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 every Wednesday and Saturday at 05.30 9.m., for a period of three months and thereafter, appear on every Saturday at 05.30 p.m., for a period of another three months;

(c) the petitioner should not communicate with the victim through any mode till the disposal of the case;

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

(e)the petitioner shall not abscond 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]; and;

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