Pazhaniyammal v. The State Rep By
Dr.G.JAYACHANDRAN, J.
The petitioner, who apprehends arrest for the alleged offences under Section 9 r/w. 10 of Child Marriage Act, 2006 and 5(1) r/w. 6 of POCSO Act 2012 in Crime No.24 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side).
3. The statement under Section 164 Cr.P.C of the victim girl has been recorded.
4. Considering the contents of the statement, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned District Munsiff 1/4
Cum Judicial Magistrate, Neyveli, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 his 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 not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the Investigating Officer as and when required for interrogation; (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 2/4
conditions has 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.
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Dr.G.JAYACHANDRAN, J.
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