Lingeshwaran v. State Rep By

Crl.O.P.No.2784 of 2023 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Sections 9 of POCM Act and u/s 5(i), 5(n) in Crime no.20 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner fell in love with his uncle daughter who is the victim girl. Subsequently the petitioner eloped with victim girl and married her. Hence the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution He further submits that the victim girl on her own volition went along with the petitioner on her petitioner and married her. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that 164 statement has been recorded from the victim girl and the investigation has also been completed. Hence, he vehemently

opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions and the fact that 164 statement has been recorded and the victim girl had stated that she went with the petitioner on her own volition, hence, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Mahilar Needhimandram, Erode on condition that 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 Court concerned 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 as and when required for interrogation.

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)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 anticipatory 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

08.02.2023 smn

T.V.THAMILSELVI, J.

smn Crl.O.P.No.2784 of 2023 08.02.2023