Nandhakumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 14.10.2022 for the offences punishable under Sections 363 IPC @ 363, 366, 376(2)(n) IPC r/w Section 5(1)(j)(ii) & 6 of POCSO Act, 2012 in Crime No.93 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that there was a love affair between the petitioner and the victim girl, who aged about 15 years. The allegation is that the victim girl eloped with the petitioner. Thereby, the mother of the victim girl lodged a complaint before the respondent police.

The learned counsel for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He would submit that there was a love affair between the petitioner and the victim girl. Aggrieved by the same, the mother of the victim lodged a false complaint against the petitioner. He further submits that the petitioner has been suffering incarceration from 14.10.2022. Hence he prays for granting bail to the petitioner.

The learned Government Advocate (Crl.Side) submits that it is a case of love affair and the victim is aged about 15 years. However, she has been secured and she is now under the custody of her parents. He would submit that a statement under Section 164(5) of Cr.P.C. has been recorded from the victim girl. He would also submit that the investigation has been completed. However, he vehemently opposed for grant of bail to the petitioner.

On a perusal of the statement under Section 164(5) Cr.P.C., reveals that there is a love affair between the petitioner and the victim girl. Considering that the investigation has been completed and also considering the period of incarceration suffered 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 Special Judge for Exclusive Trial of Cases under POCSO Act, 2012, Vellore, Vellore District and on further condition 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 daily at 10.30 a.m., for a period of two months and thereafter, appear on every Saturday at 10.30 a.m., for another period of three months;

(c)the petitioner should not have any communication with the victim girl through any mode till the disposal of the case;

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

(e)the petitioner shall not abscond either during investigation or trial;

(f)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;

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