1. Alleged attempt to commit sexual assault on child labourer — Anticipatory bail sought under POCO Act. (Para 1 , 2 )
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2023 Supreme(Online)(MAD) 36622
MADRAS HIGH COURT
T.V.Thamilselvi, J
NARAYANAN – Appellant
Versus
IOP, TIRUPUR DISTRICT – Respondent
Crl.O.P.No.22215 of 2022
The court may grant anticipatory bail in POCSO Act cases subject to strict conditions, including non-communication with the victim and regular reporting to police, to balance the liberty of the accused with the protection of the victim and the integrity of the investigation.
Headnote:(A) Anticipatory Bail - POCSO Act - Grant of bail subject to conditions - In cases involving allegations of sexual assault under the POCSO Act, the court may exercise discretion to grant anticipatory bail upon considering the statement recorded under Section 164 Cr.P.C. and imposing stringent conditions to prevent witness tampering and ensure the safety of the victim.
Issues: Whether the petitioner is entitled to anticipatory bail in a case involving alleged offences under the POCSO Act.
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2. Petitioner denied allegations but offered to abide by conditions. State opposed citing victim's statement under Section 164 Cr.P.C. (Para 3 , 4 )
3. Considering facts, submissions, and victim's Section 164 statement, court inclined to grant anticipatory bail with conditions. (Para 5 )
4. Anticipatory bail may be granted in sexual offence cases subject to stringent conditions to protect victim and ensure trial. (Para 5 , 6 )
5. Anticipatory bail granted — Petitioner to execute bond with sureties, no contact with victim, report monthly, not tamper evidence. (Para 6 )
6. Under what conditions can anticipatory bail be granted in a POCSO case involving a child labourer?
Court may grant bail subject to conditions including no contact with victim, reporting to police, and not tampering evidence. (Para 5 , 6 )
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 7 ,8,16 and 17 of POCO Act in Crime No.1 of 2022 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the victim girl is living with her mother and both the victim girl and her mother were labourers. While so, the petitioner herein attempted to commit sexual assault on the victim girl. Hence, the case is registered against the petitioner.
3.The learned counsel appearing for the petitioners submitted that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioner, without prejudice to their rights, are ready to abide any condition imposed by this Honourable court. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate submitted that the petitioner attempted to commit sexual assault on the victim girl, who is working with her mother. He further submits that the victim is a child labour. However 164 statement has been recorded wherein the victim girl has stated that the petitioner herein misbehaved with her. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking note of the facts and circumstances and also of the submissions made by the learned counsel, and on considering the statement of the victim girl under Section 164 Cr.P.C, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:-
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Special Court for POCSO Act, Tiruppur on condition that the petitioner shall execute 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 and on further condition that:
(a) the petitioner should not have any communication or contact with the victim girl and her mother.
(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c)the petitioner shall report before the respondent police monthly twice i.e., on the 1st and 3rd Saturday at 10.30 a.m., and thereafter, appear before the trial Court on all hearing dates.
(d)the petitioner shall not tamper with 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 petitioners 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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
