M.Prabhakaran vs Inspector Of Police

V.Sivagnanam, J

The petitioner/ sole accused, who was arrested and remanded to judicial custody on 22.07.2023 for the alleged offence punishable under Sections 9 of Child Marriage Act and 5(1), 6 of POCSO Act, 2012 in Crime No.25 of 2023, on the file of the respondent police, seeks bail.

The case of the prosecution is that on promising to marry the defacto complainant the petitioner had penetrative sexual assault on her and subsequently, cheated her. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in jail from 24.09.2023 and hence, he seeks bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent submitted that on promising to marry the defacto complainant the petitioner had penetrative sexual assault on her and subsequently,, cheated her. He would further submit that the investigation of the case is pending.

Today, the victim is present before this Court and stated that she wants to live with the accused person and they are lovers.

Considering the nature of allegations made against the petitioner and also considering the period of incarceration and also 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 and the nature of the offence alleged by the petitioner, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on condition to execute own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the Special Court for Exclusive Trial of POCSO Act Cases, Theni, and on further conditions that:

(i) the petitioner shall appear before the trial Court on receipt of summons as directed by the trial Court.

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

(iv) 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].

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