Rasathi v. State Rep By

Dr.G.JAYACHANDRAN, J.

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections Girl Missing @ 363, 366 of IPC and Section 5(1) r/w 6,16,17 of POCSO Act in Crime No.84 of 2022 is before this Court seeking anticipatory bail. 2.Though the First Information Report indicates that this petitioner has intimacy with one Sathishkumar/A1 and the A1 kidnapped the daughter of the defacto complainant, 164 Statement of the victim girl recorded does not disclose any such offence.

3.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 4.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Sessions Judge, Mahila Court, Perambalur, on

condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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 Investigation Officer 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;

(e)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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 07.03.2022 ari

Dr.G.JAYACHANDRAN,J.

ari 07.03.2022