2017 (7) TMI 1357 - HC - Indian Laws

Grant of Anticipatory Bail - Sections 376/354(A)/354/354(B)/506 IPC Section 6 of POCSO Act - HELD THAT - The Petitioner is directed to join the investigation as and when required by the IO/SHO concerned and also to provide her contact number to the IO concerned today itself to facilitate communication for the purpose of joining the investigation. List on 2nd August, 2017.

Summary

Issues involved:
1. Anticipatory bail application under Section 438 Cr.P.C. for FIR involving multiple sections of IPC and POCSO Act.

Analysis:
The judgment delivered by HON’BLE MS. JUSTICE PRATIBHA RANI of the DELHI HIGH COURT pertains to an anticipatory bail application filed under Section 438 Cr.P.C. The petitioner sought relief in a case registered at PS Subzi Mandi, Delhi, under Sections 376/354(A)/354/354(B)/506 IPC & Section 6 of POCSO Act. The court noted the appearance of Ms. Kusum Dhalla, representing the State, who sought time to file a status report. The court granted the request and directed the petitioner to cooperate with the investigation, providing contact information for communication. The court scheduled the next hearing for August 2, 2017, and ordered no coercive action against the petitioner until then.

This judgment underscores the procedural aspects of anticipatory bail applications in cases involving serious offenses like those under Sections 376/354(A)/354/354(B)/506 IPC & Section 6 of POCSO Act. The court's directive for the petitioner to join the investigation and provide contact details demonstrates a balance between granting relief and ensuring cooperation with law enforcement authorities. The order to refrain from coercive measures until the next hearing date indicates the court's cautious approach to safeguard the petitioner's rights while allowing the legal process to proceed unhindered.

In conclusion, the judgment reflects a judicial stance focused on upholding the principles of justice and fair investigation in matters concerning grave criminal charges. The court's decision to grant exemption, subject to exceptions, and to schedule a subsequent hearing showcases a meticulous approach to balancing the interests of the petitioner with the requirements of the legal proceedings. The detailed instructions regarding cooperation with the investigation and communication with the authorities highlight the court's emphasis on ensuring a transparent and effective inquiry process while addressing the petitioner's concerns through the grant of anticipatory bail.