Mougammadou Safic v. The State By

A.D.JAGADISH CHANDIRA, J.

Apprehending arrest in connection with Crime No.17 of 2024 registered for the offences punishable under Sections 11(4), 12 13(a), 14(1) of POCSO Act, Section 67B(a) of IT Act and Section 351(2) of BNS, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He also submits that the petitioner is an innocent person and the de facto complainant's daughter had been in a relationship with A1, later they got separated, thereby a false complaint has been given against them. He also submits that A1 has already been arrested and granted bail. He also submits that there were communication between the petitioner and the de facto complainant's daughter, in which, she refers to the petitioner as "brother". He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3.The case of the prosecution as putforth by the learned Government 1/4

Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the accused harassed the de facto complainant's daughter by sending obscene videos and also threatened her. 4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail in the event of arrest or on his appearance, within a period of three weeks from the date of receipt of a copy of this order, before the Fast Track Mahila Court, Tiruvarur on condition that the petitioner shall execute a bond for a sum of Rs.

[b] the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of three weeks and thereafter, on every Saturday at 10.30 a.m., until 2/4

further orders;

[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 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 269 of BNS.

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A.D.JAGADISH CHANDIRA, J.

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