Rajeshkannan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 29.06.2022 for the offences under Sections 5(I), 5(m), 5(n) r/w 6 of POCSO Act and at the time of filing final report, it was altered into Sec.5(I), 5(m), 5(n) r/w 6 of POCSO Act and Section 376 I.P.C., on the file of the respondent police, seeks bail.

The case of prosecution is that the petitioner is husband of one Sundari, younger sister of defacto complainant's mother. The victim child, who is aged about 2 ½ of years old and while she is playing, the accused, who is aged 38 years, took her to his house and committed aggravated penetrative sexual assault to her. Hence, the complaint.

The learned counsel for the petitioner submitted that he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 160 days from 29.06.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) would submit that the petitioner had committed serious aggravated penetrative sexual assault on 2 ½ year old child and he is husband of one Sundari, younger sister of defacto complainant's mother. He would submit that investigation is almost completed, 164 statement was recorded from the victim girl and a charge sheet was filed in Spl S.C.No.156 of 2022 on the file of Special Court for Exclusive Trial of Cases under the POCSO Act, Coimbatore. However, he opposed to grant bail to the petitioner.

Considering the fact that the investigation is almost completed, and also considering the period of incarceration undergone 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 Court for Exclusive Trial of Cases under the POCSO Act, Coimbatore, 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 appear before the respondent police on every Friday at 10.30 a.m. for the period of three months and he shall appear before the trial court for every hearing without fail and he shall not have any communication with the victim's family.

(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.