Srinivasan @ Rathinavel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7085 of 2022 1 SRINIVASAN @ RATHINAVEL [ PETITIONERS / ACCUSED ] 2 MURUGESAN 3 SARADHA 4 MURUGESAN 5 VANI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION,OMALUR, SALEM DISTRICT.

(CRIME NO.3/2022) For Petitioner : M/S T.GANESAN 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 offence punishable under Sections 9 & 10 of Prohibition of Child Marriage Act 2006 in Crime No.03 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st petitioner has married a minor girl on 06.02.2022 in a temple and the complaint has been given by the Assistant of the Village Administrative Officer on 03.03.2022.

3. The 164 statement of the victim minor girl indicates that on 06.02.2022 only betrothal took place and not the marriage. Their parents have decided to solemnize the marriage after the girl attains majority.

4. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Omalur, on condition that each of the petitioners shall execute a separate bonds 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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;

(c)the petitioners shall report before the Investigating Officer daily at 10.30 a.m., until further orders;

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

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

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

-sd/- 30/03/2022 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, OMALUR, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION,OMALUR, SALEM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S T.GANESAN Advocate on payment of necessary charges SR.No.4889 CRL OP.7085/2022 Date :30/03/2022 CSK 04/04/2022