The court emphasized the right to fair trial and considerations for bail in the context of prolonged custody.

ORDER

The appellant has filed this appeal against the judgement and conviction made in Special Sessions Case No. 211 of 2022 passed by the learned Sessions Judge, Principal POCSO Court, Salem, Salem District, dated 11.12.2024. 2. The learned counsel for the appellant submitted that the appellant has been falsely implicated in this case, as if he had attempted to commit penetrative sexual assault on the victim girl. He has been in custody for more than 2½ years and is willing to abide by any condition imposed by this Court.

3. The learned Government Advocate (Crl.Side) raised strong objections, stating that at the time of the occurrence, the minor victim girl, aged about 10 years, was on her way to school when the accused followed her and attempted to commit sexual assault. On seeing the school helper (aaya), the girl managed to escape. The prosecution has proved the case beyond reasonable doubt, and therefore, the learned counsel strongly objected to the grant of bail.

4. Considering the facts and circumstances of the case, since the appellant has been in custody for about 800 days and is ready to comply with any conditions imposed, and as his family has suffered due to his prolonged incarceration, and the victim girl is presently under the safe custody of her parents, this Court is inclined to consider the bail petition.

5. Accordingly, the order made in Special Sessions Case No.211 of 2022 dated 11.12.2024 passed by the learned Sessions Judge, Principal POCSO Court, Salem, Salem District, is hereby set aside. This Criminal Appeal stands allowed. Consequently, connected miscellaneous petition is closed.

6.The appellant is ordered to be released on bail on his execution of a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, out of which one surety shall be a blood related surety, each for a like sum to the satisfaction of the learned I Additional Special Judge, Principle Special Court , and on further conditions that:

[a] the appellant shall deposit a sum of Rs.25,000/- to the credit of crime No. 27 of 2021, on the file of the respondent police, within a period of two weeks from the date of his release.

(b) 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.

[c] the appellant shall report before the respondent police on every Saturday at 10.30 a.m., until further orders.

[d] the appellant shall not abscond either during investigation or trial.

[e] the appellant 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 appellant in accordance with law as if the conditions have been imposed and the appellant 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.

(h) the victim family is permitted to withdraw the amount deposited by the appellant in Crime NO.27 of 2021, for the mental agony caused by him.

(i) the appellant shall not to have any communication with the victim girl and her family members.

10-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rri To

1.The State Rep By The Inspector Of Police All women Police Station, Omalur, Salem District. Crime No.27/2021.

2.The Sessions Judge, Principal POCSO Court, Salem, Salem District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras, Chennai.

T.V.THAMILSELVI J.