Jitender Soni v. State Rep By

Crl.O.P.No.21409 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 366, 376(3), 384, 506(i) of IPC and Section 5(i), 6 of Protection of Child from Sexual Offences Act, 2012 in Crime No.03 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had taken photos and videos while the 1st accused and victim were involved in physical relationship. It is also alleged that the accused persons have threatened the victim girl that the nude photos of her will be published in the social media, if she is not inclined to have physical relationship.

3. The learned counsel for the petitioner would submit that the 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 would vehemently opposed to grant anticipatory bail to the petitioner saying that the petitioner, who is arrayed as fourth accused, 1/4

threatened the victim girl by showing the photographs of the victim girl.

5. Though this Court, on two occasions dismissed the anticipatory bail to the petitioner, the respondent has failed to secure the petitioner. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 POCSO Court, Chennai 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 shall report before the respondent police twice daily at 10.30 a.m. and 5.30.p.m for a period of six weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

2/4

[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.

07.09.2022 kmi 3/4

G.K.ILANTHIRAIYAN, J.

kmi Crl.O.P.No.21409 of 2022 07.09.2022 4/4