Velayutham v. State Rep By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offence under Section 451 of IPC, 7, 8, 9(i), 10 & 17 of POCSO Act, in Cr.No.8 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 25.03.2024 around 1.30 p.m, the petitioner's son entered the backside of the house and suddenly molested the defacto complainant, for which, she ran outside of the house and informed the same to the petitioner. At that time, the petitioner caught hold the defacto complainant and the petitioner's son kicked in her private part and bet her with wooden log. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case as no such occurrence was happened. He further submits that he is ready to abide by any conditions that

may be imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) for the respondent would submit that the statement under Section 164 of Cr.P.C has been recorded from the minor victim girl and the investigation is also completed. Hence, he would vehemently oppose to grant anticipatory bail to the petitioner.

5.Taking into consideration the facts and the submissions made by both counsel, this Court is inclined to grant interim anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chengalpattu, on condition that the petitioner shall execute a

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 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 respondent police on every Saturday at 10.30 a.m., for a period of eight weeks;

(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

T.V.THAMILSELVI, J.

drl 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.

25.04.2024 drl