G Manimegalai v. State Rep By

Crl.O.P.No.7997 of 2024 T.V.THAMILSELVI, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 363 IPC, @ Section 6 Protection of child from sexual offences Act, 2012 in Crime No.51 of 2024, seeks anticipatory bail.

2. The case of the prosecution is the defacto complainant a lodged complaint before the respondent stating that his son was missing. Thereafter, the victim boy was secured and as per his statement while staying with the petitioner she had sexual intercourse with him and thereafter respondent police altered the Section from 363 IPC to Section 6 of Protection of Child from sexual offences Act, 2012.

3. Heard both sides.

4. Considering the above fact and circumstances of the case, there was love affair between the petitioner and the victim and investigation is almost completed. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioner is 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 Judicial Magistrate - I, Karaikal Puducherry, on condition that the petitioners shall execute a separate 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate 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.

[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

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 abscond, a fresh FIR can be registered under Section 229A IPC.

01.04.2024 pbl T.V.THAMILSELVI, J.

pbl Crl.O.P.No.7997 of 2024 01.04.2024