Panneerselvam v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7121 of 2022 1 PANNEERSELVAM [ PETITIONERS / ACCUSED ] 2 MANIMEGALAI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SANKARI, SALEM DISTRICT.

CRIME NO.7 OF 2022.

For Petitioner : M/S.B.KAVYA, Advocate For Respondent : M/S.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 for the alleged offence under Sections 9,10 and 11 of the Prohibition of Child Marriage Act 2006 in Crime No.7 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioners are in-laws of the victim girl, who was minor at the time of marriage.

3. The learned Government Advocate (Crl. Side) reports that the girl has attained majority and has given birth to a child and the statement of the victim girl under section 164 of Cr.P.C also recorded.

4. Taking note of the fact that the marriage was solemnized without knowing the actual age of the victim and the fact was come to notice when she was admitted in the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

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 District Munsif - cum - Judicial Magistrate Court at Edappadi, on condition that 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 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)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 not tamper with evidence or witness either during investigation or trial;

(c)the petitioners shall report before the Investigating Officer as and when required for interrogation;

(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 has 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 05/04/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, EDAPPADI, SALEM DISTRICT.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to R.JAYAPRAKASH Advocate on payment of necessary charges SR.NO. 5215 CRL OP.7121/2022 Date :05/04/2022 RW 12/04/2022