Faheeth Ali @ Fahith Ali vs Inspector Of Police

V. Sivagnanam, J

The petitioner, who was arrested and remanded to judicial custody on 14.07.2023 for the alleged offence punishable under Sections 5(1), 5(n), 5(m), 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 and Sections 323, 506(1) IPC in Crime No.34 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein is the uncle of the victim girl, who is aged about 8 years old. He sexually assaulted her and when the same was questioned by the mother, who is the defacto complainant, he threatened her. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 14.07.2023, hence he seek bail.

4.The learned Government Advocate(Crl.side) appearing for the respondent Police would submit that petitioner being the uncle of the victim, sexually assaulted her and also threatened the defacto complainant. Hence, she strongly objected to grant bail to the petitioner.

5.The learned counsel appearing for the intervenor would submit that the defacto complainant’s husband died and she is staying with her parents. She used to send her children to her mother-in-law’s home. At that time, the petitioner herein sexually assaulted the victim. When the defacto complainant questioned about the same, he threatened her with dire consequences. If the petitioner released on bail, he will again continue the offence. Hence, she strongly objected to grant bail to the petitioner.

6.The learned Government Advocate(Crl.side) appearing for the respondent police produced the medical report of the victim report. The learned counsel appearing for the intervenor produced phone conversation between the defacto complainant and the accused. On perusal of the medical report, it is noticed that there is no injuries found on the victim girl and there is no penetrative sexual assault. On perusal of phone conversation, it is noticed that there was dispute between the defacto complainant and the petitioner with regard to the business. That apart, there is no specific date as to when the alleged occurrence happened. It is also noticed that charge sheet filed in this case and the same is taken on file in Spl.S.C.No.202 of 2023 by the Special Court, Madurai.

7.Considering the above facts and circumstances and also taking into consideration the period of incarceration and taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

[i] 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 POCSO Act Cases, Madurai and on further conditions that:

(ii) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(iii) the petitioner shall appear before the trial Court whenever the trial Court directed him to appear.

(iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial.

vi) 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].

vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

8.The learned Sessions Judge, Special Court for POCSO Act Cases, Madurai is directed to complete the trial in Spl.S.C.No.202 of 2023, within a period of three months from the date of receipt of a copy of this order.