The petitioner is the accused in Crime No.848/2013 of Venjaramoodu Police Station, Thiruvananthapuram District. The offence alleged is under section 376 of IPC and section 4 and 8 of POCSO Act. Apprehending arrest, this petition is filed for anticipatory bail.
2. The learned counsel appearing for the petitioner submits that the petitioner and the complainant were in love and they started living together as husband and wife and in that relationship a child was born to the complainant. The marriage could not be then solemnized and registered since the girl was aged only 17 years. Now she has attained majority and so there is no difficulty to get the marriage registered under the provisions of Special Marriage Act. Since the petitioner is ready to marry the complainant and since they are living as husband and wife as alleged by the petitioner, I find that this application can be disposed of with the following directions:
a. Application shall be submitted by the petitioner and the complainant for the purpose of getting their marriage registered under the provision of Special Marriage Act within 10 days from this date and shall do all other things necessary to get the marriage registered.
b. The petitioner will also appear before the Investigating Officer and after interrogation, when he is produced before the learned Sessions Judge (Special Judge under the POCSO Act) he shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Sessions Judge.
c. The petitioner shall surrender his original passport before the learned Sessions Judge. If he is not having any valid passport, he should file an affidavit regarding the same before the Sessions Judge.
d. If the petitioner fails to comply with the direction, the Prosecution can certainly file application to get this Order recalled.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj