Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 3790

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ILANGOVAN, J.
Veeramani – Petitioner
Versus
State rep. By the Inspector of Police – Respondent
Crl.OP(MD)No.20517 of 2021
Decided On : 12-01-2022

Advocates appeared:
For Petitioner: Mr.M.Pichai Muthu
For Respondent:Mr.SS.Madhavan Government Advocate

The nature of the relationship and the age of the victim are crucial factors in determining bail under the POCSO Amendment Act.

Headnote:
Bail - POCSO Amendment Act - Love affair and sexual intercourse with minor - Bail granted based on the nature of the relationship and the age of the victim
Fact of the Case:

The petitioner, accused of offences under sections 366(A) IPC and POCSO Amendment Act, had sexual intercourse with the victim girl on the false promise of marriage. The victim girl was found to be pregnant, leading to the arrest of the petitioner.
Finding of the Court:

The court found that the petitioner and the victim girl were involved in a love affair, and the victim girl was 17 years and 10 months old at the time of the alleged occurrence. The court granted bail to the petitioner based on the nature of the relationship and the age of the victim, but ordered him to undergo the trial process.
Issues: The main issue was whether the petitioner, accused of offences under POCSO Amendment Act, was entitled to bail considering the nature of the relationship and the age of the victim.
Ratio Decidendi: The court considered the nature of the relationship between the petitioner and the victim girl, as well as the age of the victim, in granting bail to the petitioner. It emphasized that the petitioner was entitled to bail but had to undergo the trial process.
Final Decision: The petitioner was ordered to be released on bail upon executing a bond and providing sureties, with the condition to report before the police until further orders.

ORDER

The Court made the following order:-

The petitioner, who is arrayed as sole accused was arrested on 29/11/2021 and remanded to judicial custody on 30/11/2021 for the offences punishable under sections 366(A) IPC @ 5(1), 5(j)(ii), 6(1) of POCSO Amendment Act, in Crime No.25 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the accused person on the false promise of marrying the victim girl, had sexual intercourse with her.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondent.

4.Originally the case was registered under 'girl missing' and during the course of investigation, it was found that only this petitioner, kidnapped the victim girl and later, committed sexual penetrative assault.

5.Now the learned counsel appearing for the petitioner would submit that it is purely love affairs and it is a case of elopement and the victim girl was also aged about 17 years at the time of the alleged occurrence and the petitioner is in custody, ever since from the date of arrest namely 30/11/2021.

6.For the purpose of ascertaining the age of the victim girl, the entire CD file was called for and perused. Perusal of the CD file shows that the victim girl was born on 06/01/2004. The alleged date of occurrence is 12/11/2021. On the date of the occurrence, it is seen that the victim girl was 17 years 10 months. This is fact is not disputed by the prosecution.

7.Now coming back to the statement of the victim girl, she has stated that she was doing under graduation in Government Arts College, Karambakudi and she was also living with this petitioner for about three years. So this petitioner promised her and had sexual intercourse for several times. When the love affair was brought to the notice of the parents of the victim girl, they scolded the victim and on her invitation, the petitioner came on 12/11/2021 and she was taken to various places, as such Velankanni and Tiruppur etc. Later they went to Tiruppur, where the petitioner was working and taken a house for rent and started living there. On 19/11/2021, she experienced vomiting and she was taken to the hospital and was diagnosed pregnant for two months. Later she came to know that the complaint has been lodged. On the basis of the complaint, both of them were secured.

8. Reading of the complaint and the statement of the victim shows that they were love with each other and got pregnant because of the sexual intercourse. It is seen that it is a case of love affair. Even though the victim girl was aged about 17 plus, at the time of occurrence, the petitioner is entitled for bail. But he has to undergo the trial process.

9. 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, Mahila Court, Pudukkottai and on further condition that the petitioner shall report before the respondent police once in 145 days at 10.00 a.m. until further orders.

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