Vigneshwaran v. State Rep By
T.V.THAMILSELVI, J.
The petitioner who apprehends arrest for the alleged offence under Sections 7 r/w 8, 18 of POCSO Act and in crime No. 29 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.. It is the case of the prosecution that the victim girl was stayed at Binda Children Home for Girls, Chinna Thirupathi, Salem, while shifting the above said home to Chinnamathur, Edapadi, the petitioner/driver of the Life Line Trust tried to embrace the victim girl.
3. Heard both sides.
4. Considering the facts and circumstances of the case, the Statement under Section 164 of Cr.P.C has been recorded. Therefore, this Court is inclined to grant anticipatory bail to the petitioner. 5.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen 1/4
days from the date of receipt of a copy of this order, before the learned Special Judge, POCSO Court, Salem, 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 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 Court concerned 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 on every Wednesday at 10.30 a.m. for a period of Four 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 2/4
the petitioner released on anticipatory 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
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T.V.THAMILSELVI, J.
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