Vasantharaj vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 17.10.2022 for the alleged offence under Sections 5(1), 5(j) (ii), 6, 16, 17 of Protection of Children from Sexual Offences Act in Crime No.48 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that victim is a mentally challenged child and she is aged about 17 years and she was forced to have physical contact with the petitioner. Subsequently, she got conceived and aborted. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that he is a married man and he has kids and all are relatives. He would further submit that due to previous enmity, a false complaint was lodged against him. He would submit that as per the complaint, she made a false allegation that she had seen both the petitioner and victim girl, when they came out from her sister's house and alleged that he had forceful physical contact with the victim girl. He would submit that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he will abide by any condition imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 58 days from 17.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A2. He would submit that at one occasion, one of the family member of defacto complainant was threatened by the petitioner's family. He would also submit that 164 statement was recorded from her and A2 was released on bail. He would submit that medical examination also completed. He would also submit that if he is released on bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.

Considering the fact that both the medical examination and the investigation is almost completed, and also considering the period of incarceration undergone 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 executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Sessions Judge, Mahila Court, Perambalur, 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 state at Karur District and report before the Town Police Station, Karur at 10.30 a.m. daily for the period of three months and he shall report before the respondent police on every Saturday at 10.30 a.m. for another period of three months and he shall not have any communication with the victim girl or her family and he shall appear before the trial court for every hearing regularly without fail.

(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.