Madras High Court Grants Bail To Man Accused Of Impregnating Minor Girl On Condition To Marry Her When She Turns 18

The Bench of Justice G. K. Ilanthiraiyan was hearing the case of the petitioner/sole accused, who was arrested and remanded to judicial custody on 02.09.2020 for the offences punishable under Sections 5(l), 5(n), 5(j) (ii) and 6 of POCSO Act.

He has been granted bail on the condition that 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.

Further, it has also been directed that if the petitioner fails to register the marriage, the respondent police can proceed against him in accordance with law.

The matter before the Court

The case of the prosecution was that the petitioner fell in love with the 17-year-old victim girl and thereafter, he also had a sexual relationship with her, due to which she became pregnant. Hence a complaint against him was made.

The counsel for the petitioner submitted before the Court that both the petitioner and the victim girl are closely related and they fell in love and also had a physical relationship and the accused is ready to marry the victim girl whenever she attains majority.

It was also submitted that the petitioner was in jail for more than 50 days, hence, it was prayed that bail be granted to him.

On the other hand, the Government Advocate submitted before the Court that the petitioner and the victim are close relatives and utilizing the said circumstances, the petitioner had a sexual relationship with the victim girl due to which she became pregnant.

The Court perused the statement of the victim girl recorded under Section 164 Cr.P.C, wherein she had clearly stated that they are closely related and they both fell in love and they have a physical relationship, due to which she became pregnant.

Court's order

Taking note of the circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that the petitioner was ready and willing to marry the victim girl whenever she attains majority, the Court granted him bail subject to the following conditions:

· The parents of the petitioner and the victim have to file a joint affidavit before the Special Court for POCSO cases in Thoothukudi, to show their consent to the marriage.

· On receipt of such affidavit, the petitioner shall execute a bond for a sum of Rs.10,000/- 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.

· 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].