Ranjitham v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.19192 of 2024 1.Ranjitham 2.Pandiselvi ... Petitioners / Accused Rank Not Known Vs The State of Tamil Nadu Represented by the Inspector of Police, All Women Police Station, Andipatti, Theni District.
(Crime No.22 of 2024) ... Respondent/Complainant For Petitioner : M/s.Ganeshamoorthi.A.D, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.22/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police
for the alleged offences under Sections 9(m) and 9(n) of POCSO Act, 2012 r/w. Section 294(b) and 506(ii) of IPC, in Crime No.22 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 14.06.2024 at about 10.00 a.m., A1 is said to have sexually abused the victim girl. The petitioners are A2 and A3 who are the wife and daughter of A1. The allegations against them is that they threatened the family members of the victim girl not to give any complaint. Hence, the case.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the facts and circumstances of the case and also considering the specific allegations made against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain 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 learned Special Court for Exclusive Trial Cases under POCSO Act, Theni, on condition that the petitioners shall execute a 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 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 shall report before the respondent Police every Monday at 10.30 a.m. for a period of 4 weeks and thereafter, as and when required for interrogation.
[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 petitioner 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 07/11/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO
1. The Special Court for Exclusive Trial Cases under POCSO Act, Theni
2. The Inspector of Police, All Women Police Station, Andipatti, Theni District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.A.D.GANESA MOORTHI, Advocate ( SR-13720[I] dated 08/11/2024 ) CRL OP(MD) No.19192 of 2024 Date :07/11/2024 BV (14/11/2024) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.