V.Pachaiyappan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6067 of 2022 1 V.PACHAIYAPPAN [ PETITIONER / ACCUSED ] 2 JAYANTHI MURUGAN 3 N.MURUGAN Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANRUTI, CUDDALORE DISTRICT (CRIME NO.10/2017) For Petitioner : M/S J.RAJMOHAN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent Police for the alleged offences under Sections 3, 4, 16 and 17 of POCSO Act, 2012 and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, in Crime No.10 of 2017, on the file of the respondent police, seek anticipatory bail.

2.

This case, which is a chequered history of conflicting the complaint by the victim girl, who admits that there was a marriage between her and the first accused in the year 2017 knowing well that the first accused had already married and he has estranged from his first wife.

3.

The fact remains that the defacto complainant was a student under the first accused and these petitioners are the relatives of the first accused. According to the prosecution, they assisted the first accused for the solemnization of marriage with the defacto complainant.

4.

Considering the overtact alleged against these petitioners, this Court is convinced 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 Special Court (POCSO Cases), Cuddalore, on condition that each of the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled 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 daily at 10.30 a.m, until further orders.

(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/- 16/03/2022 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 SPECIAL COURT(POCSO CASES), CUDDALORE 2 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANRUTI, CUDDALORE DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S J.RAJMOHAN Advocate on payment of necessary charges Sr.4073 CRL OP.6067/2022 Date :16/03/2022 RVR 22/03/2022