3. Learned counsel appearing for the petitioner submitted that the petitioner, who is an innocent person aged about 23 years, and the minor victim girl are known to each other for several years and there was a love affair between them. He further submitted that the relationship between them was consensual in nature and the petitioner, without understanding the consequences and rigours of the Protection of Children from Sexual Offences Act, had a relationship with the minor victim girl. He also submitted that the petitioner understands that statement under Section 164 Cr.P.C., has been recorded from the victim girl, wherein, she has also stated that the relationship between them was consensual. He further submitted that the petitioner does not deny the paternity of the child born to the victim girl and is also ready to file an Affidavit of Undertaking stating that after coming out of bail, he would marry the victim girl, when she attains majority. He also submitted that the petitioner is in custody from 16.12.2022, hence, he prays for grant of bail to the petitioner.
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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, each for a like sum to the satisfaction of the learned Special Court (POCSO Cases), Cuddalore, 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 everyday at 5.30 p.m., until further orders;
[c] the petitioner after coming out of bail, shall file an Affidavit of Undertaking within a period of one week, stating that he would marry the victim girl after she attains majority;
[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.
Party
Mugesh vs. The State represented by, The Inspector of Police, Ramanatham Police Station, Cuddalore District. (Crime No.460 of 2022) – Crl.O.P.No.2626 of 2023 – 10.03.2023 – CORAM THE HON’BLE MR. JUSTICE A.D.JAGADISH CHANDIRA.
https://www.mhc.tn.gov.in/judis/madras-do/index.php/casestatus/viewpdf/CRL%20OP_2626_2023_XXX_0_0_10032023_162.pdf
Mugesh-vs.-The-State-POC
