Gunasekaran vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody in connection with Crime No.2 of 2024 registered for the alleged offences punishable under Section 75 of Juvenile Justice Act, 2015, seeks bail.

Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and a false complaint has been given against them. He further submitted that the petitioners are no way connected with the alleged offence, whereas, the first petitioner was arrested on 14.03.2024 and the second petitioner was arrested on 11.03.2023 and they are in judicial custody for more than a month. He also submitted that the petitioners are also ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioners.

Learned Government Advocate (Crl.Side) appearing for the respondent police raised strong objection stating that it is a case where the first accused, who himself claiming to be the yoga master and a spiritual preacher, along with A2 and A3, who are the parents of the victim child, had harassed the victim child under the pretext of divine path. He further submitted that now the victim child is in the custody of her grand mother and the statement has also been recorded from the victim girl under Section 164 Cr.P.C. and the investigation in this case is almost completed, however, if they released on bail, there is a possibility of them threatening the witnesses.

At this juncture, the learned counsel for the petitioners submitted that the petitioners, to show their bonafide, are ready and willing to deposit some amount to the credit of crime number, without prejudice to their rights. Hence, he prayed for grant of bail to the petitioners.

Heard the learned counsel for the petitioners 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 considering that the investigation in this case is almost completed, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing separate 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 District Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode, 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 first petitioner is directed to deposit a sum of Rs.50,000/- (Rupees fifty thousand only) as non-refundable deposit to the credit of Crime No.2 of 2024, before the satisfaction Court at the time of furnishing sureties;

[c] the second petitioner is also directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) as non-refundable deposit to the credit of Crime No.2 of 2024, before the satisfaction Court at the time of furnishing sureties ;

[d] the petitioners shall report before the respondent Police, everyday at 10.30a.m., until further orders;

[e] the petitioners shall not abscond either during investigation or trial;

[f] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[g] 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];

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

The learned District Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode, is directed to disburse the amount deposited by the petitioners to the guardian of the victim child and in turn, the guardian shall file an appropriate undertaking affidavit stating that the amount shall be utilized only for the welfare of the child.