The court has the discretion to grant anticipatory bail to an accused if it is satisfied that the accused is not likely to abscond or misuse the liberty granted to him.

Crl.OP.No.32561 of 2022

Crl.OP.No.32561 of 2022

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under

Sections 341, 294(b), 323, 506(i) of IPC r/w 11 and 12 of POCSO Act in

Cr.No.778 of 2022 on the file of the respondent police, seeks anticipatory

bail.

2. The case of the prosecution is that the defacto complainant's cousin

was studying 9^th standard in Government Girls Higher Secondary School,

Tharapuram. When the victim girl was going to school, the petitioners

friend/A1 tortured her to come in his bike, the same was questioned by the

defacto complainant. Due to which, the petitioner along with others joined

together and attacked the defaco complainant and also caused injuries to

her. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the

petitioner is the friend of A1, he has not aware about the issue and when A1

and the defacto complainant were started quarrel, he has tried to pacify and

separate them. Hence, the learned counsel prays to grant anticipatory bail to

the petitioner.

1/5

https://www.mhc.tn.gov.in/judis

Crl.OP.No.32561 of 2022

4.The learned Government Advocate (Crl.Side) for the respondent

would submit that the petitioner along with others joined together and

attacked the defaco complainant and also caused injuries to her. Hence, he

would vehemently oppose to grant anticipatory bail to the petitioner.

5.Taking into consideration the facts and the submissions made by

both counsel and the investigation was almost completed, this Court is

inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is directed 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 POCSO Act, Salem on condition that the petitioner 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:

2/5

https://www.mhc.tn.gov.in/judis

Crl.OP.No.32561 of 2022

(a) the petitioner is directed to deposit a sum of

Rs.10,000/- (Rupees Ten thousand only) to the credit of

Crime No.778 of 2022 before the concerned Magistrate

within a period of four weeks from the date of receipt of a

copy of this order and shall produce the said receipt before

the Court below and on such deposit, the defacto

complainant is permitted to withdraw the said deposit

amount of Rs.10,000/- on proper identification and

acknowledgment.

(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 on every Saturday at 10.30 a.m., for a period of eight

weeks;

(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;

3/5

https://www.mhc.tn.gov.in/judis

Crl.OP.No.32561 of 2022

(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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be

registered under Section 229-A IPC.

10.01.2023

Vv

4/5

htt