Kabilash @ Surya vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 07.11.2022 for the alleged offence under Sections 392 of I.P.C. and Sec.11(1) r/w 12 of POCSO Act in Crime No.17 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that victim is aged about 17 years and the petitioner is aged about 23 years. He had a love affair with the victim girl, but the parents gave a complaint. As per the complaint, on the date of occurrence, the petitioner abused her and taken away her hand bag. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that as per defacto complainant's statement, she had love affair with him, for which, parents have quarrelled with them. He would submit that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 27 days from 17.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that 164 statement was recorded from her and now she is in custody and even as per her statement, there is a love affair and parents have quarrelled with him and insisted to get marriage with another person. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.

Considering the fact that the investigation is almost completed, and considering the period of incarceration undergone 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 executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Sessions Judge, Principal POCSO Court, Salem, 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 on every Saturday at 10.30 a.m. until further orders and he shall not have any communication with the victim girl and he shall appear before the trial court for every hearing regularly without fail.

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

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

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