Tamizharasan vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 13.01.2023 for the alleged offences punishable under Section 294(b), 323, 341, 354(D), 366, 506(ii) and 509 of IPC r/w Section 4 of TNPWH Act in Crime.No.2 of 2023, on the file of the respondent police seeks bail.

The case of the prosecution is that the defacto complainant initially lodged the complaint before the respondent Police as girl missing and the same was registered and taken on file. During the course of investigation, the petitioner and the defacto complainant's daughter were found. Therefore, the case was altered under 294(b), 323, 341, 354(D), 366, 506(ii) and 509 of IPC r/w Section 4 of TNPWH Act. Hence, the complaint.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence and he is ready to abide by any stringent conditions that may be imposed by this Court and he is in judicial custody from 13.01.2023. Hence, he prays to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner had love affair with the defacto complainant's daughter, when the same questioned by the defacto complainant, there was wordy quarrel between them. Thereafter, on 11.01.2023, the petitioner had kidnapped the victim girl, who was aged about 19 years and compelled her to marry him. He further submits that statement under Section 161(3) Cr.P.C. has also been recorded. He also submits that investigation has been completed. However, he opposed to grant 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.

Taking into consideration the facts of the case and the investigation is completed, 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 Judicial Magistrate No.I, Chidambaram 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 Town Police Station, Erode, daily at 10.30 a.m., and thereafter as and when required for interrogation;

(c) the petitioner is directed to file an affidavit of undertaking before the trial Court that he will not communicate with the victim girl.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond 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]; and;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.