Shyam @ Shyam Benjamin vs Inspector Of Police And Others

V. Sivagnanam, J

The petitioner/sole accused, who was arrested and remanded to judicial custody on 21.01.2022 for the alleged offence punishable under Section 306 r/w 511, 451, 294(b) of IPC and Section 11(iv) r/w 12 of Protection of Children From Sexual Offences Act, 2012, in Crime No.326 of 2017, on the file of the respondent police, seeks bail.

2.Earlier the petitioner was arrested and released on bail. Thereafter due to his illness, the petitioner did not appear before the trial Court on 29.11.2021, hence, Non Bailable Warrant was issued on the same day itself. The petitioner was arrested on execution of Non Bailable Warrant on 21.01.2022.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner and the defacto complainant loved each other at the time of occurrence. Now, the petitioner got married another woman and has two children. The victim girl also got married another man and living happily. Now, he filed re-call petition under Section 311 Cr.P.C., Further the petitioner is in custody from 21.01.2022, hence he seek bail.

4.The learned Government Advocate (Crl.Side) opposing the bail petition would submit that if the petitioner is released on bail, he may abscond again. However, she fairly concedes that both petitioner and the defacto complainant got married another persons and living happily.

5.Considering the nature of allegations made against the petitioner and also considering the period of incarceration and taking note of the fact that the petitioner and the defacto complainant got married another persons and living happily and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40 and the nature of the offence alleged by the petitioner, this Court is inclined to grant bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail on condition to execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the learned Sessions Judge, Special Court for POCSO Cases, Tirunelveli and on further conditions that:

(i) the petitioner shall appear before the trial Court on receipt of summons. (ii)the petitioner shall not tamper with evidence or witness;

(iii)the petitioner shall not abscond during trial.

(iv) 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].

(v)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.