Tamilselvan v. State Rep.By

C.V.KARTHIKEYAN, J.

The petitioners/A1, A4, A5, A6, A7 & A8 in Crime No. 21 of 2023 registered under Sections 363, 366 IPC r/w 7 & 8 of POCSO Act, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner had run away with the victim child and after that they had been brought back. It is stated that the parents of the victim child had gone over to the house of A1 and abused his parents, consequent to which, they consumed poison and they died. This led to registration of FIR in crime No.246 of 2023, under Sections 294 (b), 427 & 506 (i) IPC, later altered to Section 306 IPC.

3.The victim child had given a statement under Section 164 (5) Cr.P.C., in which she had given the names of the petitioners 2 to 6 and stated that they were aware of the fact that A1 had run away with her. 4.Taking all the factors into consideration, this Court is inclined 1/4

to grant anticipatory bail to the petitioners 2 to 6/A4, A5, A6, A7 & A8. Accordingly, the petitioners 2 to 6 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 on which the order copy made ready, before the Fast Track Mahila Court, Krishnagiri, on condition that the petitioners 2 to 6 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 2 to 6 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 2 to 6 shall report before the respondent police everyday at 10.00 a.m., for a period of two weeks and thereafter as and when required. 2/4

[c] the petitioners 2 to 6 shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 2 to 6 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 2 to 6 in accordance with law as if the conditions have been imposed and the petitioners 2 to 6 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 absconds, a fresh FIR can be registered under Section 229A IPC.

01.12.2023 sli 3/4

C.V.KARTHIKEYAN , J.

sli Crl.O.P.Nos.27240 of 2023 01.12.2023 4/4