Vinothkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN VINOTHKUMAR ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE TENKASI ALL WOMEN POLICE STATION, TENKASI DISTRICT.
CR. NO. 10 OF 2021. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.EBENEZER T.A. Advocate For Respondent : M/S.SS.MADHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused was arrested on 25/10/2021 and remanded to judicial custody for the offences punishable under sections 450, 376 IPC and section 6 r/w 5(l), 5(j) (ii) of Protection of Children from Sexual Offences Act, 2012, in Crime No.10 of 2021 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 12/04/2021, when the victim girl was alone in her house, the accused trespassed into her house and forcibly committed penetrative sexual assault upon the victim girl.
3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent.
4.The petitioner is facing the charges for the offences under sections 450, 376 IPC and section 6 r/w 5(l), 5(j) (ii) of Protection of Children from Sexual Offences Act, 2012. Based on the complaint given by the victim girl, the case has been registered as stated above, wherein the victim has stated that she was born, on 11/02/2004 and during her school days, she was went with one Vinoth Kumar, the petitioner herein and he was taken by her for school 1/3
days and when that was brought to the knowledge of the parents, they have scolded her. On 12/04/2021 the accused by stating that if the child is born, the parents will not make any objection for marriage, so on that scope, she was subjected to sexual abuse. 5.The petitioner moved the bail application before the Special Court for POCSO Act Cases, Tirunelveli and that came to be dismissed on 16/12/2021, wherein it has been observed that when the first bail application was moved, the victim has stated before the court by way of reply that she will not object, if the petitioner is released on bail. But that was not supported by any document and on that ground of statement of the victim, that bail application came to be dismissed.
6.Now the learned counsel appearing for the petitioner would submit that it is purely love affair between the petitioner and the victim girl and because of some sort of trouble, this case has been registered. The age of the victim girl, as found from the birth certificate, is seen as 11/10/2004. The date of the occurrence is stated to be 12/04/2021. So on the date of the occurrence, it is seen that she was aged about 17 +. It is also seen that she was in love with this petitioner. But however, a strong allegation has been made to the effect that this petitioner had sexual intercourse with her under force. She was also four months pregnant on the date of the complaint. What went wrong between the petitioner and the victim girl is not clear on record. Even though there was a love affair, but since the victim has stated that against her consent, she was subjected to intercourse. So, the petitioner has to face the trial process.
7.However, considering the duration of the custody of the petitioner, this petitioner is entitled for bail with 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 each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli and on further condition that the petitioner shall report before the respondent police once in 15 days at 10.00 am until further orders.
sd/- 12/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR POCSO ACT CASES, TIRUNELVELI 2/3
2 THE INSPECTOR OF POLICE TENKASI ALL WOMEN POLICE STATION, TENKASI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :12/01/2022 SA/JC/SAR 1/12.01.2022/3P-5C 3/3