R.Pandiyaraj vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 06.09.2022 for the offences punishable under Section 10, 9(1), 9(n), 6, 5(1), 5(n) of POCSO Act, 2012 r/w 354A, 506(ii) of IPC, 1860 in Crime No.349 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that the victim was sexually abused by this petitioner while she was 13 years old. The petitioner is having a live in relationship with the mother of the victim child. He gave sedation tablet to the victim child and had committed penetrative sexual assault several times. He has taken photos and videos while she was with him. He has also threatened her that if she reveals the same, he will upload the obscene photographs of her in the social media and kill her mother and brother. Hence, the complaint.

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 further submits that the petitioner is a Ex-Military Officer and now serving in the Bomb Squad, Tamil Nadu Police. The mother of the victim child approached him for help and hence this petitioner treated the victim girl as his child. He further submits that as per FIR, at the time of the alleged occurrence, the victim girl was aged about 13 years, now, she has attained majority and she is 20 years old now.. After seven years of the occurrence, the victim girl got married and come forward with this false complaint as she was subjected to sexual assault by the petitioner several times while she was 13 years old. He further submits that the petitioner is ready and willing to abide by any stringent condition as imposed by this Court. He would further that the petitioner has been suffering incarceration for more than 90 days from 06.09.2022. Hence he prays for granting bail to the petitioner.

The learned Government Advocate (Crl.Side) submits that statement of the victim girl under Section 164 of Cr.P.C.

Taking into consideration the fact and the submissions made by both counsel 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, out of which, one surety shall be a blood surety for a like sum to the satisfaction of the learned Special Court for exclusive trial of Cases under POCSO Act, Chennai 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 stay at Sivagangai and report before the Inspector of Police, Town Police Station, Sivagangai everyday at 10.30 a.m., for a period of three months and he shall not communicate the victim through any mode till the disposal of the case ;

(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.