Stalin John Bosco v. The State Rep By

T.V.THAMILSELVI, J., The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 506(i) of IPC, Section 67(B) (a) of the Information Technology Act and Section 12 of the POCSO Act in Crime No.98 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that petitioner used to send some obscene messages to the victim girl and thereby, he committed the offence. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the accused is running a Cell shop and he used to send vulgar messages to the victim girl and that has been informed to his wife and later messages was not sent to the victim girl but subsequently, he threatened the victim girl with dire consequences. He also submit that the investigation in this case is almost completed and that if the petitioner is released on anticipatory bail, he would tamper the witnesses. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. The learned counsel for the intervenor also appeared and raised strong objection for grant of anticipatory bail to the petitioner.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and on seeing the bad conduct of the petitioner and also on considering the gravity of the offence, this Court is of the view that custodial interrogation of the petitioner is necessary, therefore, this Court

is not inclined to grant anticipatory bail to the petitioner. The respondent police is directed to secure the accused.

7. Accordingly, this Criminal Original Petition stands dismissed.

31.07.2024 ssi

T.V.THAMILSELVI, J., ssi 31.07.2024