Delhi court grants anticipatory bail to three accused in POCSO case

New Delhi [India], April 5 (ANI): Delhi's Tis Hazari Court granted anticipatory bail to three accused in a Protection of Children from Sexual Offences (POCSO) Act case on Saturday. The court noted that despite the accused's joining the investigation, there was still apprehension about their arrest by the police.
Special Judge (POCSO) Sachin Jain granted anticipatory bail to the three accused on furnishing a personal bond of Rs 20000 by each accused and a surety bond in the like amount in the event of their arrest.
It was argued by the investigation officer (IO) that an offence under 10 POCSO is made out against only one accused. They have joined and investigation and cooperating in the same. Therefore there is no apprehension of their arrest. In this situation their pleas have become infructuous and hence not maintainable.
On the other hand, advocates Tarun Narang and Anand Kumar Dwivedi submitted that although the accused have joined the investigation, they are still apprehensive of their arrest until the charge sheet against them is filed.

The counsel heavily relied upon the Judgment of Gauri Shankar Roy to buttress the arguments that the present bail applications are still maintainable as even after joining of the investigation, the apprehension of arrest still looms over the applicants as the IO still has the power to arrest them.
On the other hand, Advocate Piyush Nagpal, Counsel for the Complainant, argued that once the applicants have joined the investigation, the reasonable apprehension of arrest is extinguished, and thus, the present applications become infructuous.
After considering all the contentions, the court held, "Thus, in light of the ratio of Gauri Shankar Roy (Supn), the present applications are still maintainable seeking anticipatory bail."
The court said that since the accused have already joined the investigation, and the IO of the case also made a statement at Bar that the custodial interrogation of the applicants is not required as they have already joined and cooperated in the investigation. As per the legal opinion, only an offence under Section 10 of the POCSO Act is made out against one applicant, and no offence, at this stage, is made out against two applicants.
The court ordered that the accused shall be admitted to bail in the event of their arrest. (ANI)