Sharmila Begum v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioners who apprehend arrest for the alleged offence under Sections 7, 8, 11(4), 12, 16, 17 of the Protection of Children from Sexual Offences Act-2012 and 506 (1) of IPC in Cr.No.51 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners are arrayed as A2 and A4. A1 had love affair with the Defacto complainant's daughter. Pursuant to that, he forced the victim girl to love him and gave sexual torcher to the victim girl/defacto complainant's daughter. Hence, the case. 3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution. He further submits that they have been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl side) submits that the petitioners are mother and sister of A1. He further submits the A1 is in abroad and the victim girl is studying 11th standard. The statement is also recorded from the victim girl under Section 164 Cr.P.C. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5.Considering the facts and circumstances of this case and submissions of learned counsels on either side and A1 is in abroad, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Mahila Court, Perambalur, Perambalur District, on condition that the petitioners shall execute a bond for a sum of Rs.

(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]; and;

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

23.12.2022 dk To The Mahila Court, Perambalur, Perambalur District.

T.V.THAMILSELVI, J.

dk

23.12.2022