Vinoth vs State Of Tami Nadu

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 04.01.2023 for the offences punishable under Section 174 @ into 354D, 305 IPC and Section 11(I)(IV) r/w 12 of POCSO Act 2012 and Section 4B TNPHW Act in Crime No.153 of 2022 on the file of the respondent police seeks bail.

The case of the prosecution is that the petitioner and the victim minor girl was relatives and neighbours. Further, the petitioner had sexually assaulted the minor victim girl and threatened the victim to have love affair with him. Due to his threat, the victim girl sustained huge mental agony and committed suicide by self immolation. Thereafter, she was admitted in the Government Hospital, Chennai, dying declaration was also recorded by the learned IX Metropolitan Magistrate, Saidapet. Thereafter, the victim minor girl died in the hospital on 05.04.2022. Hence, the complaint.

The learned Counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He also submits that the petitioner is ready to offer substantial sureties and would abide by any stringent conditions to be imposed by this Court. He further submits that the petitioner has been suffering incarceration from 04.01.2023. Hence, he seeks to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) submits that the petitioner had sexually assaulted the minor victim girl and threatened the victim to have love affair with him. Due to his threat, the victim girl sustained huge mental agony and committed suicide by self emolation. He also submits that the investigation has been completed and the dying declaration of the victim was fully substantiated the offence against the petitioner, if the petitioner is released on bail, he would tamper the evidence and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

Taking into consideration the facts and circumstances of the case and taking note of the fact that the investigation has been 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 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 Sessions Judge, Special Court for Exclusive Trail 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 daily at 10.30 a.m., for a period of two months thereafter as and when required for interrogation;

(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.