Settu v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 9, 11 of Prohibition of Child Marriage Act, 2006 and Section 5(1) and 6 of Protection of Children from Sexual offences Act, 2012 in Cr.No.11 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that petitioner is the father of A1. The petitioner is arrayed as A5 in this case. The petitioner was acted to promote the marriage of A1 with the defacto complainant. Hence, the case. 3.The learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. He further submits that this Court had already granted bail to the co-accused in Crl.O.P.No.31384 of 2022 dated 21.12.2022 with certain conditions. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent submits that the investigation is almost completed.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent that the co-accused is released on bail and the investigation has been completed. Hence, this Court is inclined to grant anticipatory bail to the petitioner. 6.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 days from the date of receipt of a copy of this order, before the learned Fast Track Mahila Court, Dharmapuri 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 Sunday at 10.30 a.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;

(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 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.

23.12.2022 dk To The Fast Track Mahila Court, Dharmapuri.

T.V.THAMILSELVI, J.

dk 23.12.2022