Prakash @ Prakashraj vs State

G.Chandrasekharan, J

The petitioner, who was arrested and remanded to judicial custody on 02.08.2023 for the offences punishable under Section 12 of Protection of Children from Sexual Offences Act, 2012 and Section 506(ii) of IPC in Crime No.34 of 2023 on the file of the respondent police, seeks bail.

The learned counsel for the petitioner submitted that, in a love affair, petitioner is falsely implicated as an accused in this case. Petitioner is in Judicial Custody from 02.08.2023. Thus, he seeks bail to the petitioner.

Learned Additional Public Prosecutor (Puducherry) submitted that, on 28.04.2023 at about 08.30.p.m., when the victim girl was returning from the tuition, petitioner had insisted her to talk with him. When the victim girl avoided him, petitioner said to have threatened to throw acid on the face of the victim girl. On the basis of the complaint given by the mother of the victim girl, FIR came to be registered. After investigation, final report is filed and it is pending in Spl.S.C.No.225 of 2023.

When this Court posed a question to the learned Additional Public Prosecutor ( Puducherry) as to any acid was recovered from the petitioner, the answer is negative.

Considering the allegations made in the FIR and the petitioner is in Judicial Custody from 02.08.2023 and that investigation in this case is completed and final report is filed, this Court is inclined to grant bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the Learned Fast Track Court exclusively to deal with the offences under the POCSO Act, Puducherry 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 Inspector of Police, B2, Kalapet Police Station daily at 10.00.a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.