Sarathkumar vs State

@JUDGEMENTTAG- JUDGEMENT

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 29.02.2024 in Crime No.02 of 2024 registered for the alleged offences punishable under Sections 417, 376(2)(n), 294(b) and 506(ii) of IPC, on the file of the respondent Police, seeks bail.

The case of the prosecution as per the de-facto complainant is that the petitioner and herself are known to each other and they were in love. The accused, on the promise of marrying her, had a physical relationship with her and they continued their relationship. Later, the accused had cheated her by refusing to marry her and abused and threatened her. Hence the case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and due to some misunderstanding between the petitioner and the de-facto complainant, a false complaint has been given as against the petitioner. He further submitted that the petitioner is aged about 25 years and the de-facto complainant is aged about 22 years and both of them are grown up adults and they have indulged in consensual physical relationship understanding the consequences. He also submitted that the petitioner is suffering incarceration from 29.02.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner had induced the victim girl on the false promise of marrying her and had a sexual intercourse with her and cheated her, by refusing to marry her, due to which, the victim attempted to commit suicide. He further submitted that the statement under Section 164 Cr.P.C., has also been recorded from the victim girl, however, he vehemently opposed to grant bail to the petitioner.

Heard both sides and perused the materials available on record including the statement recorded from the victim girl under Section 164 Cr.P.C.

Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel for the petitioner and considering the statement recorded from the victim girl under Section 164 Cr.P.C., 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 Judicial Magistrate, Vandavasi, 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 Saturday at 10.30a.m., for a period of three months and thereafter, as and when required for interrogation;

[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 abscond, a fresh FIR can be registered under Section 229A IPC.

Further, this Court is of the opinion that if the matter is referred to mediation, there may be a likelihood of settlement between the parties. Therefore, both the petitioner and the de facto complainant are directed to appear before the District Mediation Centre at Tiruvannamalai on 16.04.2024, without fail and settle the issue between them without fail.