Vijay vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 11.11.2022 for the offences under Section 366 of IPC, 1860, Section 9 of the Prohibition of Child Marriage Act, 2006 and Section 5(1) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 in Crime No.249 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that on 06.11.2022 the defacto complainant's daughter namely Soundarya aged about 16 years, she left from her home to her friend's house at Koundampatti and did not return back to home. On enquiry, the defacto complainant came to know that the petitioner had eloped with his daughter. The further allegation is that the petitioner had married her in Anangur Vinayagar Kovil and had sexual intercourse with her. Hence, the complaint.

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 further submits that the petitioner and the victim girl had love affair and the victim girl on her own volition went along with the petitioner. Thereafter, they got married and had physical relationship with them. He further submits that the petitioner is an illiterate and is unaware of the restrain of Child Marriage and the laws laid down against the child marriage and the petitioner is ready and willing to abide by any stringent condition as imposed by this Court. He would further that the petitioner has been suffering incarceration for more than 23 days from 11.11.2022. Hence he prays for granting bail to the petitioner.

The learned Government Advocate (Crl.Side) submits that statement of the victim girl under Section 164 of Cr.P.C. Now, the victim girl was secured and she is under the custody with her parents.

A perusal of an FIR reveals that petitioner and the victim girl had love affair and the victim girl on her own volition went along with the petitioner. Thereafter, they got married and had physical relationship with them.

Taking into consideration the fact and the submissions made by both counsel and taking note of the fact that the victim girl on her own volition had eloped with the petitioner and also considering the period of incarceration suffered by the petitioner and the investigation was almost 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 surety shall be a blood surety for a like sum to the satisfaction of the learned Sessions Judge, Principal POCSO Court, Salem and on further condition 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 Wednesday at 10.30 a.m., for a period of four months and he shall not communicate the victim through any mode till the disposal of the case ;

(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.