Vinoth @ Vinith vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 03.11.2022 for the alleged offences punishable under Sections 7, 8, 11(IV), 11(V) r/w Section 12 of POCSO Act, 2012 and Section 506(i) of IPC in Crime No.5 of 2022 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner had approached her and expressed his love and that the defacto complainant refused the same, but the petitioner followed her back and on 10.04.2022, the petitioner had informed her to come to a temple in her Village and if she refuse to come, he would pour acid on her. Thus the defacto complainant had went to the temple where her brother saw and followed her, there he saw the petitioner holding the hands of the defacto complainant. Thus he scolded the petitioner and took the defacto complainant back to his house. Hence, the complaint.

Learned counsel appearing for the petitioner submitted that the petitioner, who is aged about 20 years, is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner was having a love affair with the de-facto complainant/victim minor girl, aged about 16 years and when the family members of the victim girl came to know about their affair, they forced the victim to give a false complaint against the petitioner. He further submitted that the petitioner is in custody from 03.11.2022, hence, he prays for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner had approached and expressed his love to her and also continuously compelled her to love him. He further submitted that the statement under Section 164 of Cr.P.C has been recorded from the victim girl. He also submitted that the investigation has been completed. However, he vehemently opposed to grant bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record including the statement under Section 164 Cr.P.C recorded from the victim girl.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also of the fact that the statement under Section 164 of Cr.P.C has been recorded from the victim girl and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7.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, Arakkonam 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] At the time of furnishing the sureties, the petitioner shall also file an affidavit of undertaking stating that he will not communicate with the victim girl in future and also not cause any disturbance to her.

[c] the petitioner shall stay at Sivagangai and report before the Sivagangai Town Police Station, daily at 10.30 a.m., for a period of two months and thereafter, report before the respondent Police on every Saturday at 10.30 a.m., until further orders;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness 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];

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.