P.Mala v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7903 of 2022 P.MALA [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] CHENGALPATTU TALUK POLICE STATION, CHENGALPATTU DISTRICT REF CRIME NO.200 OF 2021 For Petitioner : M/S. G.R.HARI Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 363, 365, 366(A) of IPC, 1860 r/w Section 4 of the POCSO Act, 2012, in Crime No.200 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein arrayed as one of the accused in a case where the minor girl had eloped with one Vignesh. The allegation against the petitioner is that he provided shelter for the prime accused and the minor girl.

3. Considering the facts that the investigation has substantially completed and the victim girl had given statement under Section 164 of Cr.P.C., this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. 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 Special Judge, (POCSO COURT), Chengalpattu 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 learned Magistrate concerned and on further conditions that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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;

(c) the petitioner shall report before the Investigating Officer as and when required for an 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 is 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 (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 06/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SPECIAL JUDGE, (POCSO COURT), CHENGALPET.

2 THE INSPECTOR OF POLICE CHENGALPATTU TALUK POLICE STATION, CHENGALPATTU DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S. G.R.HARI Advocate on payment of necessary charges SR.NO.5295 CRL OP.7903/2022 Date :06/04/2022 JPA 12/04/2022