Jeeva @ Jeevanandham v. The Inspector Of Police,

C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b),341,354 506(ii) of I.P.C r/w Section 4 of TNPWH Act,2002 altered to Section 294(b),341,354,506(ii) of I.P.C r/w Section 11(a)(iv), r/w Section 12 of POCSO Act 2012 in Crime No.422 of 2023, seeks anticipatory bail.

2. It is the case of the prosecution that on 28.11.2023 when the daughter of the defacto compainant was returning from the school, the petitioner had forced her to sit on his bike. He thereafter ran away.

3. The learned Government Advocate (Crl.Side) submitted that statement under Section 164 Cr.P.C has been recorded from the victim.

4. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. 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 on which the order copy made ready, before the Judicial Magistrate 4, Vellore on condition that the petitioner 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 this Court concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] ] the petitioner shall appear before the respondent police daily at 10.30 a.m. Until 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 229A IPC.

05.01.2024 smn C.V.KARTHIKEYAN, J.

smn 05.01.2024