Dhivakar vs State

A.D.Jagadish Chandira, J

The petitioner, who was arrested and remanded to judicial custody on 08.10.2022 in connection with Crime No.22 of 2022 registered for the offences punishable under Sections 5(l) r/w 6 of Protection of Children from Sexual Offences Act, 2012, 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 17 years, a case in crime No.22 of 2022 has been registered by the respondent Police for the offence under Sections 5(l) r/w 6 of Protection of Children from Sexual Offences Act, 2012. Hence the case.

The learned counsel appearing for the petitioner submitted that the petitioner, who is aged about 19 years, is an innocent person and a false complaint has been given as against him. He further submitted that the petitioner and the minor victim girl were in love with each other and the victim girl on her own volition had come with the petitioner. He also submitted that the petitioner, without understanding the consequences and rigours of the Protection of Children from Sexual Offences Act, had taken the minor victim girl with him. He also submitted that the petitioner and the victim girl was secured by the respondent when they were coming back from Vellankanni.

Learned counsel further submitted that the petitioner understands that the statement has been recorded from the victim girl under Section 164 Cr.P.C, wherein, she had stated that only on her own volition, she came with the accused and there is no specific allegation as against the petitioner, as if he had committed penetrative sexual assault on her. He further submitted that the petitioner is in custody from 08.10.2022, hence, he prays for grant of bail to the petitioner.

The Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner had committed penetrative sexual assault on the minor victim girl of the de-facto complainant. 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., wherein, she had admitted that there was a love affair between the petitioner and herself and on her own volition she gone along with the petitioner. He further submitted that the petitioner has also been arrested on 08.10.2022. However, he opposed to grant bail to the petitioner.

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 statement recorded under 164 Cr.P.C from the victim girl.

Taking into consideration the facts and circumstances of the case and taking note of the statement recorded under Section 164 Cr.P.C. from the victim girl that the victim and the petitioner was loving each other and she, on her own volition has gone along with the petitioner and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Accordingly, 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 Sessions Judge, Fast Track Mahila Court, 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, everyday at 10.30 a.m. and 5.30p.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 abscond, a fresh FIR can be registered under Section 229A IPC.