Surendiran vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 14.11.2022 for the offences punishable under Sections 5(1) and 6 of POCSO Act in Cr.No.18 of 2022 on file of the respondent police, seeks bail.

The case of the prosecution is that the daughter of the defacto complainant, who aged about 14 years had love affair with the petitioner and eloped with him. Thereby, the defacto complainant, who is the mother of the victim girl lodged a complaint against the petitioner.

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 would submit that the victim girl had a love affair with the petitioner and eloped with him. Aggrieved by the same, the parents of the victim lodged a false complaint against the petitioner. He would further that the petitioner has been suffering incarceration from 14.11.2022. Hence he prays for granting bail to the petitioner.

The learned Government Advocate (Crl.Side) submits that it is a case of love affair and the victim girl is aged about 14 years and the statement under Section 164 of Cr.P.C. has been recorded from the victim girl. He would further submit that investigation has been completed. However, he vehemently opposed for grant of bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

On a perusal of the statement under Section 164 Cr.P.C., reveals that it is a case of love affair. On seeing that the investigation has been completed and 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 each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for POCSO, Cuddalore 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 station on every Sunday at 10.30 a.m., for a period of two months;

(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;