Muthu @ Muthukumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14124 of 2022 MUTHU @ MUTHUKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLCE, ALL WOMEN POLICE STATION, METTUR, SALEM DISTRICT CR.NO.7 OF 2022.

For Petitioner : M/S.C.DEEPAK KUMAR Advocate For Respondent : M/S. A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR 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 offences punishable under Sections 363 & 366 of IPC @ 363 & 366 of IPC r/w 7 & 8 of POCSO Act in Crime No.7 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 02.06.2022, at about 05.00 p.m., the petitioner herein is alleged to have kidnapped the de-facto complainant's daughter from their house. Hence, the complaint.

3. The learned Additional Public Prosecutor produced the statement of the victim girl aged about 17 years and it reveals that the petitioner and the victim girl fell in love. On 02.06.2022, she eloped from the respective house and on receipt of the complaint, she herself appeared before the respondent police and stated that they had stayed together and there was no physical relationship between them.

4. Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on 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 Special Court for POCSO Act, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related 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 daily at 10.30 a.m. for a period of four weeks and thereafter 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 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 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.

-sd/- 20/06/2022 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 COURT FOR POCSO ACT, SALEM 2 THE INSPECTOR OF POLCE, ALL WOMEN POLICE STATION, METTUR SALEM DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.DEEPAK KUMAR Advocate on payment of necessary charges Sr.9745 CRL OP.14124/2022 Date :20/06/2022 RVR 23/06/2022