Kanaga v. The Inspector Of Police,

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 363, 366 of of Indian Penal Code and 3, 4 of the POCSO Act and 9, 11 of the Prohibition of Child Marriage Act, 2006 in Crime No. 147 of 2023, seek anticipatory bail.

2. It is stated that the victim had left the house and had taken refuge in the house of the first accused. He was working as a mason and the victim child was working as a helper. These petitioners are the relatives of the first accused.

3. The Court had the benefit of examining the statement recorded under Section 164(5) Cr.P.C. It is stated that the first accused had been arrested and is still in custody.

4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Special Court for exclusive trial of cases under POCSO Act, Dharmapuri, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 this Court concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners 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 petitioners shall appear before the respondent police once in a week ie., every Monday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

19.03.2024 vsg

C.V.KARTHIKEYAN, J.

Vsg 19.03.2024