A.Vignesh v. State Rep By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 5(j) (ii), r/w. Section 6 of Protection of Child from Sexual Offences Act, 2012 in Cr.No.22 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had an inappropriate relationship with the victim/minor girl. Due to which, victim/minor girl viz.Pooja has been pregnant for five months. Hence, the law enforcing agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submits that victim girl got married to the petitioner because of her love and they both lived happily in the petitioner's house. He further submits that the petitioner shall file an affidavit of undertaking before the trial court stating that he will take care of the victim girl. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl side) appearing for the respondent submits that the victim girl has been secured and she was living at her parent's house. He further submits that the statement has been also recorded from the victim girl under Section 164(5) Cr.P.C.

5. Considering the facts and circumstances of the case and also submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent that the petitioner shall file an affidavit of undertaking before the trial court stating that he will take care of the victim girl, the statement under Section 164(5) Cr.P.C has been recorded from the minor girl. Hence, 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 of receipt of a copy of this order, before the learned Special Court for POCSO Act cases, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.

(b) the petitioner shall report before the respondent police on every Wednesday at 10.30 a.m. for a period of three months and thereafter, as and when required for interrogation; (c) the petitioner shall file an affidavit of undertaking before the trial court stating that they will take care of the victim girl. (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

23.12.2022 dk To The Special Court for POCSO Act Cases, Chennai.

T.V.THAMILSELVI, J.

dk 23.12.2022