Tamil @ Tamilmani vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 23.12.2022 for the alleged offences punishable under Sections 294(b), 323, 341 and 506(i) of IPC and Sections 11(1), 12 of Protection of Child from Sexual Offences Act 2012, in Crime No.778 of 2022, on the file of the respondent Police, seeks bail.

The case of the prosecution as per the de-facto complainant is that when he questioned the petitioner and his friends for eve-teasing his sister-in-law, who is a minor girl aged about 14 years, he along with other accused abused the de-facto complainant in a filthy language and assaulted him, resulting in which he suffered injuries all over the body. Hence the case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person aged about 20 years and he has been falsely implicated in this case. He also submitted that the de-facto complainant has misunderstood the petitioner and entered into quarrel with him, in which he lost his balance and fell down. He also stated that the petitioner is no way connected with the alleged incident and he is in custody from 23.12.2022 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused abused and assaulted the de-facto complainant, when he questioned them, why they were eve-teasing his sister-in-law. He also submitted that the investigation is almost completed and the statement under Section 164 Cr.P.C., was also recorded from the minor victim girl. Hence, he opposed to grant anticipatory bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record including the statement recorded under 164 Cr.P.C.

Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and taking note of the fact that the investigation has almost been completed and also considering the statement recorded under 164 Cr.P.C., from the victim girl, 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 should be the blood surety, who should produce document to show his/her means), each for a like sum to the satisfaction of the learned Special Judge for Exclusive Trial of POCSO Cases, Salem District, 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 Sunday at 10.30 a.m., for a period of six weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall file an Affidavit of Undertaking before the Court concerned, that he will not communicate or interfere with the minor victim girl or with her family;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] 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];

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.