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Arun Kumar v. State (2020) - Bail u/s 439 CrPC involving POCSO Cases

Subhasri Chatterjee ,
  06 November 2020       Share Bookmark

Court :
Madras High Court
Brief :
The Madurai Bench of Madras High Court in this case granted bail to the accused man who was responsible for the victim minor girl's pregnancy on the condition that he should marry her when she becomes a major. The court took into account the victim girl's statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C), 1973, wherein she had clearly mentioned that the accused is in close relation with her and they both fell in love with each other and developed intimate physical relationship which resulted in her pregnancy. The court while granting bail to the accused on certain terms and conditions, directed the petitioner's parents and the victim to file a joint affidavit for their consent to get marriage between the petitioner and the victim girl before the Special Court for Exclusive trial of cases under POCSO Act Cases, Thoothukudi. Justice G K Ilanthiraiyan of the Madras High Court further directed the petitioner to register their marriage on or before 30.10.2021 and produce the Marriage Registration Certificate before the respondent police. The court also gave a warning to the petitioner that in case of failure to register the marriage, the respondent police shall take the petitioner in their custody and proceed with him as per law.
Citation :
Case Number : [CRL OP(MD). No.11883 of 2020]

(Petition for Bail filed under Sec.439 of Cr.P.C before the Madurai Bench of the Madras High Court against allegations of impregnating a 17-year-old minor girl, Bail granted subject to certain conditions)

  • Bench : Hon'ble Justice G K Ilanthiraiyan
  • Petitioner /Sole Accused : Arunkumar
  • Respondent/Complainant : The State

Issue :

• Whether the accused was punishable under the various offences punishable under the POCSO Act?

• Whether the accused is entitled to be granted bail considering the facts and circumstances of the present case? If so, what are the conditions on which he shall be granted bail in this case?

Facts:

• The accused was arrested by the All Woman Police and remanded to judicial custody on September 2 after he was booked under several punishable offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

• He was arrested for offences punishable under Sections 5(l), 5(n), 5(j)(ii) and 6 of POCSO Act for allegedly impregnating a 17 years old minor girl on the pretext to marry her.

• The accused, Arunkumar filed this instant bail application for seeking bail in the Madras High Court.

Petitioner's Contentions:

• The petitioner through his learned counsel submitted that both the petitioner and the victim girl aged about 17 years are intimately related and they fell in love for each other and entered into a physical relationship due to which she became pregnant.

• The petitioner further submitted that he is ready and want to marry the victim girl whenever she attains the age of majority.

• The petitioner through his lawyer also submitted that the petitioner is admitted into prison for more than 50 days and therefore, he is entitled to be granted bail.

Respondent's Arguments:

• The respondent through his learned Government Advocate (Crl.Side) submitted that the petitioner and the victim are close relatives and due to these circumstances, the petitioner got involved in a sexual relationship with the victim minor girl aged about 17 years.

• The respondent further argued that it was due to this intimate relationship that the girl became pregnant at her age.

• The respondent Advocate also produced the victim girl's statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C), 1973 wherein she clearly stated that they are closely related and after they developed feelings for each other, they went in a physical relationship due to which she became pregnant.

• The respondent further submitted before the Court that from the statement recorded by her, it can be seen that the victim girl's date of birth is 17.09.2004 and she has completed 17 years and one month.

Judgment:

The Madurai Bench of Madras High Court in this case granted bail to the accused man who was responsible for the victim minor girl's pregnancy on the condition that he should marry her when she becomes a major. The court took into account the victim girl's statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C), 1973, wherein she had clearly mentioned that the accused is in close relation with her and they both fell in love with each other and developed intimate physical relationship which resulted in her pregnancy. The court while granting bail to the accused on certain terms and conditions, directed the petitioner's parents and the victim to file a joint affidavit for their consent to get marriage between the petitioner and the victim girl before the Special Court for Exclusive trial of cases under POCSO Act Cases, Thoothukudi. Justice G K Ilanthiraiyan of the Madras High Court further directed the petitioner to register their marriage on or before 30.10.2021 and produce the Marriage Registration Certificate before the respondent police. The court also gave a warning to the petitioner that in case of failure to register the marriage, the respondent police shall take the petitioner in their custody and proceed with him as per law.

Relevant Paragraph:

"5. Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that the petitioner is ready and willing to marry the victim girl whenever she attains majority, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions

[a] the parents of the petitioner and the victim shall file a joint affidavit for their consent to get marriage between the petitioner and the victim girl before the Special Court for Exclusive trial of cases under POCSO Act Cases, Thoothukudi.

[b] On receipt of such affidavit ,the petitioner shall execute 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 Special Court for Exclusive trial of cases under POCSO Act Cases, Thoothukudi.

[c] the petitioner shall register the marriage with the victim girl on or before 30.10.2021 and produce the Marriage Registration Certificate before the respondent police and if the petitioner fails to register the marriage the respondent police is directed to secure the petitioner and proceed in accordance with law.

[d] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity

[e] the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. [f]the petitioner shall not tamper with evidence or witness. [g] the petitioner shall not abscond during trial.

[h]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].

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.''

 
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