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Judgment
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
The respondent - police registered a case in their Crime No.9/2017 dated 06.01.2017 against the petitioner in respect of the offence punishable under Section 363 of IPC. During the pendency of the petition, on completion of investigation, charge sheet is filed.
The case of the prosecution is that the petitioner persuaded the victim girl Anusha to elope with him under the assurance of marrying her and took her to Kovalam Village in Tamil Nadu State and had availed a room for boarding. The accused No.2 assisted him by selling the gold chain of the victim girl.
The age of the victim girl as per her school records is 03.04.2000 and as per her statement, she has voluntarily accompanied the accused; petitioner is aged about 19 years. Either from the medical evidence or from the statement of the victim, there is no material to presume that she was subjected to sexual intercourse. The allegation is that the petitioner kissed and hugged the victim girl.
Having regard to the fact that the investigation is complete, there is no impediment to allow the petition.
Accordingly, petition is allowed. The petitioner is enlarged on bail in Crime No.9/2017 registered by the respondent-Police, subject to following conditions:
1) He shall execute a self bond for a sum of Rs.50,000/- (Fifty Thousand Rupees only) with one local surety for the likesum to the satisfaction of the concerned court;
2) He shall not threaten or prevail upon the prosecution witnesses and shall not make any attempt to approach the victim girl either directly or telephonically;
3) He shall attend the Court on all hearing dates regularly and punctually;
4) Either of the parents of the petitioner shall give undertaking to the concerned court about the proper conduct and good behaviour of the petitioner during the trial.