Thambi Durai v. State Rep. By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence punishable under Sections 5(1), j(ii) r/w 6(1) of Protection of Child from Sexual Offences Act, 2012 in Crime No.154 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that one close relative namely Thambidurai of the victim had love affair with the victim and promised to marry her and had sexual intercourse with the victim more than 5 times at home. Due to that, victim became pregnant. Hence the complaint.

3. The learned counsel appearing for the petitioner submit that the petitioner and the victim girl had a love affair. He would submit that petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submit that petitioner and minor victim girl had love affair and

had sexual intercourse. Due to which the minor victim girl became pregnant. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance before the Special Court for the Exclusive Trial of POCSO Act Cases at Dharmapuri District 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner is directed to report before the respondent police on every Saturday at 10.30am., for a period of three months 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];

T.V.THAMILSELVI, J.

nsl [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

05.06.2024 nsl Crl.O.P.No.

12510 of 2024