Susila v. 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.7769 of 2022 1 SUSILA [ PETITIONERS / ACCUSED ] 2 SAKKARAVARTHI Vs THE INSPECTOR OF POLICE [ RESPONDENT ] ALL WOMEN POLICE STATION, JAYANKONDAM,ARIYALUR DISTRICT.
(CRIME NO.10 OF 2022) For Petitioner : M/S. S.GIRI THARAN 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 for the alleged offence under Sections 9 of Prohibition of Child Marriage Act, 2006, 376(2) (n) of Indian Penal Code and 5(l), 5(n), 5(j)(ii) read with sections 6 and 17 of The Protection of Children from Sexual Offences Act, 2012 in Crime No.10 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The petitioners are parents of the victim minor girl, who performed marriage to the victim girl with one Ragu at the instance of the victim girl.
3. The statement of the victim girl recorded under section 164 of Cr.P.C indicates that she has loved the said Ragu and she is three months pregnant.
4. Considering the fact that the investigation is completed and the statement of the victim girl under section 164 Cr.P.C is also recorded, 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 Fast Track Mahila Court, Ariyalur, on condition that the petitioners shall execute seperate bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only)each, 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 FAST TRACK MAHILA COURT, ARIYALUR.
2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, JAYANKONDAM, ARIYALUR DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S. S.GIRI THARAN Advocate on payment of necessary charges SR.No.5175 CRL OP.7769/2022 Date :05/04/2022 CSK 13/04/2022