M.Selvakumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 17.11.2022 for the offence under Section Born Baby Female Missing @ 417, 376 IPC r/w 81 of Juvenile Justice Case and Protection of Children Act 2015 in Crime No.12 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution as per the defacto complainant is that the petitioner along with other accused had sold her born baby female child illegally. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is a broker and other than that, he has not aware of anything. He would further submit that the name of the petitioner does not find place in the FIR and he has not committed any offence as alleged by the prosecution. He would also submit the petitioner has been suffering incarceration from 17.11.2022. Hence, he prayed to grant bail to the petitioner.

4.The learned Government Advocate appearing for the respondent would submit that A1 and the defacto complainant loved each other and A1 had physical contact with her on several time by promising to marry her. Due to which, the victim became pregnant and she gave a birth to a illegal female child on 05.12.2021 at KMC Hospital. After delivering the child, A1 with the help of other accused sold the child to one Lavanya for Rs.2,75,000/-. A3 /Rani is a broker. She has received Rs.40,000/- as commission for the offence committed by her. A2 has received Rs.1,00,000/-as commission and he has made arrangements to sell the child and A4/the petitioner herein received Rs.10,000/- as commission in selling the child. He would further submit that there is no previous case pending against the petitioner and the investigation has been completed. However, he opposed for grant of bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the investigation has been completed and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7.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 learned Metropolitan Magistrate No.XVIII, Saidapet, Chennai 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 Tuesday and Sunday at 10.30 a.m., for a period of three months.

(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;