R.Sangeetha v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Tenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION Nos.4030 & 4085 of 2022 1 R.SANGEETHA [ PETITIONERS / ACCUSED 2 RAVICHANDRANI IN CRL.OP.4030/2022 ] 1 K.SELVAM [ PETITIONERS / ACCUSED 2 KOLANJIKUMARI IN CRL.OP.4085/2022 ] Vs THE STATE REP BY [ RESPONDENT THE INSPECTOR OF POLICE, IN BOTH THE PETITIONS ] (ALL WOMEN POLICE STATION, JAYAMKONDAM) (CRIME NO.09 OF 2022) For Petitioner : M/S.R.SUBRAMANIAN Advocate [IN BOTH THE PETITIONS] For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in both petitions apprehend arrest by the respondent police for the offences punishable under Sections 9,10 of the Prohibition of Child Marriage Act, under Section 376(2)(n) of IPC r/w Protection of Child from Sexual Offences Act, Sections 5(l) 5(j) (ii), 6, 17 of the POCSO Act, in Crime No.09 of 2022, are before this Court seeking anticipatory bail.

2.

The First Information Report indicates that the minor girl was given married to the first accused by consent of both parents. When the girl was admitted in hospital for her pregnancy, the doctors have noticed that the girl is under age and reported to the authorities which had led to registration of the complaint. 3.

The 164 Cr.P.C. statement of the victim girl indicates that she married the first accused with the consent of their parents. Though she is under age neither the marriage nor the family life led with the first accused was by compulsion, only on her own wish, she loved and married the first accused.

4.

Considering age of the victim girl, which is found in the 164 Cr.P.C., statement as 17 years and considering the facts, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Jayamkondan, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which, the anticipatory bail shall stand cancelled and on further condition that:

(a) the petitioners 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;

(b) the petitioners shall report before the Investigating Officer as and when required for interrogation.

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners shall not abscond either during investigation or trial;

(e) 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;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 10/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, JAYAMKONDAM.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, (ALL WOMEN POLICE STATION, JAYAMKONDAM).

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S.R.SUBRAMANIAN Advocate on payment of necessary charges SR.NO. 4522 & 4523 CRL OP.NOS.4030 & 4085/2022 Date :10/03/2022 RW 21/03/2022