Madras HC grants bail to man who impregnated a minor girl
Madras HC grants bail to man who impregnated a minor girl
Kaushik Kannan | TNN | Updated: Nov 1, 2020, 17:56 IST
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Madras High Court
MADURAI: Madras High Court granted bail to a man in a case where he impregnated a minor girl on condition that he should marry the girl after she becomes a major.
The court was hearing the bail petition filed by Arunkumar, who was arrested by the All Woman Police on September 2. He was booked under sections of Pocso Act.
The case of the prosecution was that the petitioner was in love with the victim girl, who is his relative, and thereafter had a sexual relationship and impregnated her.
The counsel appearing for the petitioner submitted that the petitioner is ready and willing to marry the victim girl when she becomes a major. He further submitted that the petitioner is in jail for more than 50 days, hence sought to grant him bail.
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Taking into account the facts and circumstances, Justice G K Ilanthiraiyan granted bail to the petitioner on condition that he should marry the victim girl once she is a major. The judge directed the parents of the petitioner and the victim to file a joint affidavit for their consent to get marriage before the special court for exclusive trial of cases under Pocso Act at Tuticorin.
The judge further directed the petitioner to register the marriage on or before October 30, 2021 and produce the marriage registration certificate before the concerned police station.
If the petitioner fails to register the marriage, the judge directed police to secure the petitioner and proceed in accordance with law.
(The victim’s identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)
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Court denies bail for accused cop in Sathankulam custodial death case
Kaushik Kannan | TNN | Nov 1, 2020, 15:18 IST
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MADURAI: Observing that caste killing cases can be equated to Sathankulam custodial deaths case as police wanted to assert the power of supremacy, Madurai principal sessions court recently denied bail to an accused cop.
The court was hearing the petition of a suspended police constable S Chelladurai, who was arrested in connection with the custodial deaths of P Jeyaraj and his son J Beniks at Sathankulam in Tuticorin district.
Madurai principal sessions judge G Ilangovan said that recently the Supreme Court observed that the general principle ‘Bail is a rule and jail is only an exception’ cannot be applied to caste killing cases.
The judge observed that the honour killing cases can be equated to the present case as well as the police wanted to assert power supremacy.
“The reason being that in the honour killing cases, it is the assertion of communal supremacy. In this case on hand it is about power supremacy and in both the cases, one individual wants to have complete control over the other, which is not permissible in a civilised society,” observed the judge.
The judge said that this court can simply reject the bail application on the ground that if he is released on bail and allowed to roam freely in the society, there is every likelihood of using the power, once they enjoyed during his service to subvert the trial proceedings.
Simply because the petitioner is a lower rung police officer, he cannot be released on bail on this ground. This court is of the view that the petitioner has to face the trial in custody and deserves no consideration for bail and hence dismissed the petition.
During the course of hearing, special public prosecutor for CBI cases submitted that as per prosecution the petitioner caught hold of the deceased at the time of occurrence. The petitioner along with other accused brutally tortured and caused death to the deceased persons. If the petitioner is released on bail, he would be able to influence the local people by taking advantage of his service in the police department. Hence, he strongly objected to the grant of bail.
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