R.Ramkumar vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 29.09.2022 for the offences under Section 9(1) (m) r/w 10 of POCSO Act in Cr.No.24 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that while the victim child along with his daughter visited to the petitioner's house, he said to have committed sexual assault against the victim child, which is aggravated one. Hence, the complaint.

The learned counsel for the petitioner submitted that he has not at all committed any offence as alleged by the respondent police and the respondent police registered a false case against him. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 75 days from 27.09.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) raised objection stating that the victim is studying VII std. and she is aged about 11 years. He would submit that the petitioner is aged about 53 years and this is the third bail petition before this court and his daughter is one of the witness. He would submit that he has committed sexual abusement and 164 statement was recorded and the investigation is almost completed. He would further submit that if he is released on bail, he would hamper the investigation and tamper the witnesses.

On considering the fact that the petitioner was arrested for the aforesaid offence and 164 statement was recorded from the victim, investigation 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 POCSO Act Cases, Chennai, 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 respondent police on every Monday and Saturday at 10.30 a.m. for the period of three months and also he shall appear before the trial court for another period of three months apart from hearing before the trial court regularly without fail and he shall not have any communication with a victim girl or with victim girl's family members.

(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.