Vinoth v. State Rep.By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Vinoth ... Petitioner Vs.

The State represented by The Inspector of Police, Mangalamedu Police Station.

(Crime No.256 of 2022).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail, in connection with the Crime No.256 of 2022, pending investigation on the file of the respondent Police. For Petitioner : M/s.T.Dharani For Respondent : Mr.C.E.Pratap Government Advocate(Crl.side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.02.2023, for the offences punishable under Sections 9 & 10 of the Child Marriage Act and 5(1), 5(j) (ii) r/w 6(i) of POSCO Act, 2012 and 468 IPC, in Crime No.256 of 2022 on the file of the respondent police, seeks bail.

2. The case came to be registered based on the complaint given by one Ramu who is a member of Child Welfare Committee, Perambalur and as per his information, the accused had committed penetrative sexual assault on the victim girl who was aged about 17 years, due to which, she became pregnant and thereafter, the accused had obtained a fabricated Aadhar Card to avail the maternity benefits and during such time, it came to light that the victim girl was a minor. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner and the victim girl are close relatives and that there was a love affair and also consensual relationship between them, due to which the victim girl became pregnant. Both the family members on coming to know about their love affair and the pregnancy of the victim girl, without the 2/6

understanding the rigours of the provision of the Child Marriage Act, have arranged marriage between them. He would further submit that the petitioner's family members are now taking care of the victim girl.

4. Learned Government Advocate (Crl.side) appearing for the respondent police vehemently opposed for grant of bail to the petitioner stating that the petitioner had committed penetrative sexual assault on the victim girl aged about 17 years due to which, she became pregnant and thereafter, the accused had obtained a fabricated Aadhar Card to avail maternity benefits and during such time, it was found that the victim girl was a minor girl. He would further submit that the Statement of the victim girl has also been recorded under Section 164 Cr.P.C.

5. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side) and perused the materials available on record including the Statement recorded from the victim girl under Section 164 Cr.P.C.

6. Taking into consideration the facts and circumstances of the 3/6

case, the submissions made by the learned counsel for the petitioner and also considering the Statement recorded under Section 164 Cr.P.C., this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Sessions Judge, Mahila, Peramalur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police Station, everyday at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 4/6

appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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A.D.JAGADISH CHANDIRA.,J.

gbi To

1. The Sessions Judge, Mahila, Peramalur.

2. The Inspector of Police, Mangalamedu Police Station.

3. The Sub-Jail, Perambalur.

4. The Public Prosecutor, High Court of Madras.

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