Gnanamanikandan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 24.12.2022 for the alleged offences punishable under Sections 417, 376 of I.P.C. in Crime No.12 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner is aged about 24 years and the victim girl is aged about 22 years. This petitioner and the victim girl loved each other for the past six monthsm thereby, both had a physical relationship with her at several times by assuring that he will marry her, but he failed to perform the marriage as he assured. Hence, the complaint was registered against the petitioner.

The learned counsel for the petitioner submitted that the petitioner ad the victim girl had loved each other and with a malafide intention, the defacto complainant lodged a false complaint. He would submit that he has not at all committed any offence as alleged by the respondent police and he will abide by any condition that may be imposed by this Court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 17 days from 24.12.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that victim girl is aged about 22 years and the petitioner is aged about 24 years. He would submit that both had developed love affair and had a physical relationship and now he is refusing to get her married. He would also submit that the investigation is almost completed and if he is released on bail, he would hamper the investigation and tamper the witnesses Hence, he strongly opposed to grant bail to the petitioner.

Considering the above facts and circumstances and also the fact that petitioner is aged about 24 years and she is aged about 22 years and both had a love affair and also the fact tht the investigation is almost completed, and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant interim bail to the petitioner till 20.01.2023 with certain conditions.

Accordingly, the petitioner is ordered to be released on interim bail on his executing bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Addl. Mahila Judge, Chengalpattu 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) both the petitioner and the victim girl are directed to appear before this court on 20.01.2023;

(c) the petitioner shall appear before the respondent police daily at 10.30 a.m. till 20.01.2023;

(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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

Post the matter on 20.01.2023