Arumugam v. State Rep By
Crl.O.P.No.22442 of 2024 T.V.THAMILSELVI, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 366A IPC r/w Section 7 & 8 of POCSO Act in Crime No. 21 of 2024, seek anticipatory bail.
2. The case of the prosecution is that the petitioners son A1 continuously misbehave and harassing the victim girl. Hence, the case. 3.Heard both sides.
4. Considering the facts and circumstances of the case, the petitioners are father and mother of A1. Hence, this Court is inclined to grant bail to the petitioner.
5. Accordingly, the petitioners is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Special Court for POCSO, Kallakurichi, kallakurichi District, on condition that the petitioner shall execute a separate 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 petitioners 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 petitioners shall report before the respondent police as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.
26.09.2024 pbl T.V.THAMILSELVI, J.
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Crl.O.P.No.22442 of 2024 26.09.2024