Satheesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.17816 of 2022 Satheesh ... Petitioner/Accused Rank Not Known Vs State rep.by The Inspector of Police, All Women Police Station, Colachel, Kanniyakumari District.
(Crime No.17 of 2020).
... Respondent/Complainant For Petitioner : M/s.Senthil M.P., Advocate.
For Respondent : Mr.B. Nambi Selvam, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.17 of 2020 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 23(ii) of POCSO Act and Section 67 of IT Act @ 228A IPC and Section 23(4) OF POCSO Act, 2012, in Crime No.17 of 2020, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner and other accused have forwarded the photo of 9 years minor girl from his mobile phone. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner received the message from some other persons. He would further submit that he is an innocent person and he has been falsely implicated in this case.
4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that mobile phone of the petitioner has already been seized and the investigation of the case is almost completed.
5. Considering the facts and circumstances of the case and also considering the fact that the investigation of the case is almost completed, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, this criminal original petition is allowed and 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 Special Court for Exclusive Trial of Pocso Act cases, Nagercoil, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.
(b) The petitioner shall file an undertaking affidavit stating that he will not indulge this kind of offence in future before the concerned Magistrate Court and send another copy to the concerned Police Station.
[c]the petitioner shall report before the respondent police once in a weeks i.e., on every Saturday at 10.30 a.m., for a period of six weeks and thereafter, as and when required for interrogation.
[d]the petitioner shall not tamper with the 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]. Sd/- 06/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. THE SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF POCSO ACT CASES, NAGERCOIL.
2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, COLACHEL, KANYAKUMARI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.SENTHIL M.P. Advocate SR.No.11023
ORDER
IN CRL OP(MD) No.17816 of 2022 Date :06/10/2022 SP/GB/SAR /10/10/2022/3P/5C