Mohan Kumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 07.10.2022 for the offences under Section 9(1) r/w 10, 11 (1), 11(4), 11(5), 12 of POCSO Act and Sec.305 And 115 of I.P.C. in Cr.No.467 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner had forced the victim girl to enter into a love relationship with him by pressurising her and had eventually sexually harassed and also assualted her. Owing to incessant harassments caused by the petitioner, she attempted to commit suicide, but however, she was saved by her family. Hence, the complaint.

The learned counsel for the petitioner submitted that he has not at all committed any offence as alleged by the respondent police and the respondent police registered a false case against him. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 58 days from 07.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) raised objection stating that due to his torture, the victim attempted to commit suicide. But the fact reveals that she had a love affair and in view of his mother's warning in view of caste, she attempted to commit suicide by hanging. 164 Statement also reveals that there is love affair with him and investigation is almost completed.

On considering the fact that the petitioner was arrested for the aforesaid offence and 164 statement was recorded from the victim, investigation almost completed and also 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 his executing 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 Principal District Judge for Exclusive Trial of POCSO Act Cases, Coimbatore, 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. for the period of three months and also he shall appear before the trial court for every hearing 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.