Thamim Ansari vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 07.02.2024 for the alleged offences punishable under Sections Sections 5(l), 5(j)(ii) and 5(n) r/w Section 6 POCSO Act, 2012 in crime No. 5 of 2024 on the file of the respondent, seeks bail.

The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police stating her minor daughter had fall in love with the petitioner and thereafter, they married each other and the petitioner had physical relation with victim girl and she got pregnant. Hence, the case.

Heard both sides.

The statement of victim girl under Section 164 Cr.P.C has been recorded, wherein she stated that both of them love each other and thereafter married her and now they are living as husband and wife. Hence, this Court is inclined to grant bail to the petitioner.

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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of cases under POCSO Act, Chengalpattu, 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 10.30 a.m. for a period of three months and thereafter, as and when required for interrogation and shall not have any communication with the victim girl;

[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.