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Madras High Court grants bail to rape accused on agreeing to marry victim

The Petitioner was arrested on February 25, 2021 and remanded to judicial custody for the offences under Sections 417 and 376 of I.P.C

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The Madras High Court has recently granted bail to a man accused of rape and cheating after it was submitted that the complainant and the accused were ready to marry each other.

A single-judge bench of Justice M. Dhandapani passed this order while hearing the petition filed by S. Ramprasad, who was arrested on February 25, 2021 and remanded to judicial custody for the offences under Sections 417 and 376 of IPC.

The petition said that the case of the prosecution is that the petitioner committed sexual assault on the victim girl and thereby she became pregnant. Subsequently, the petitioner is refusing to marry the victim girl. Based on the complaint given by the mother of the victim girl, the case came to be registered.

The counsel for the petitioner submitted that the petitioner and the victim girl loved each other and now the petitioner was ready to marry her. Therefore, he prayed that the petitioner be granted bail.

M. Prabhavathi, Additional Public Prosecutor, submitted that the petitioner committed sexual assault on the victim girl and thereby she became pregnant and the petitioner refused to marry her.

The State submitted that the bail applicant and the girl were ready to marry each other and that their parents have arranged for the marriage. In this backdrop, the bench proceeded to grant bail in the case observing,

“Taking into consideration the fact that.. the Petitioner is ready to marry the victim girl and also considering the period of incarceration suffered by the Petitioner, this Court is inclined to grant bail to the Petitioner..”

The Court is inclined to grant bail to the Petitioner subject to the following 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, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the Additional Mahila Court, Egmore and on further condition that:

(a) The Petitioner and 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;

(b) The Petitioner shall report before the respondent Police, daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

(c) The Petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) The Petitioner shall not abscond either during investigation or trial;

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(e) on breach of any of the conditions, the 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 Magistrate/Trial Court himself as laid down by the Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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