Criminal Procedure Code, 1973
Section 438—Grant of anticipatory bail by High Court—Appeal—Crime registered under Sections 357A (i), (ii) & (iv), 354-A (2) and 354-A (3) of the IPC read with Sections 7, 8, 9 and 11 of the POCSO Act—Specific allegations contained in FIR duly supported with statement of victim-girl—Victim–girl is traumatized to such a high degree that her academic pursuits have been adversely impacted—In a case containing such serious allegations, the High Court ought not to have exercised its jurisdiction in granting protection against arrest, as the Investigating Officer deserves freehand to take the investigation to its logical conclusion—Custodial interrogation can be one of relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail—Even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail—Even without the aid of Section 29 of the POCSO Act, the High Court committed a serious error in exercising its discretion in favour of first respondent (original accused) while granting anticipatory bail—Impugned judgement and order passed by High Court is set aside—Appeal allowed.
[Paras 10 to 16]
Precedent
Decision of coordinate Bench of the High Court—Binding Effect—When a Judge of High Court decided the anticipatory bail application, the decision of coordinate Bench was binding to him—Binding decision could not be ignored—It is a different thing to say that if he may disagree with the view taken and accordingly refer it to a larger Bench.
[Para 17]