Rukumani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.10893 of 2022 1 RUKUMANI [ PETITIONERS / ACCUSED ] 2 SENTHIL KUMAR 3 DHANAM Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS-RASIPURAM POLICE STATION, NAMAKKAL DISTRICT.

(CRIME NO.2 OF 2022) For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR.S.UDHAYAKUMAR, 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 offences under Section 9 of the Child Marriage Act r/w Sections 5(1), 5(j)(ii) r/w 6 of POCSO Act in Crime No.2 of 2022, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant received a complaint regarding the child marriage of the victim girl happened on 01.05.2020 through Child Line Number 1098. After receiving the said complaint, the de-facto complainant investigated and came to know the fact that in view of love affair with A1, the victim girl eloped with A1 and married him. Further, out of the wedlock, the victim girl gave birth to a male child. After the investigation, the victim girl was given to the custody of the 3rd petitioner and registered the First Information Report.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He further submitted that A1 was already granted anticipatory bail in Crl.O.P.No.3890 of 2022. Hence, he pleads for anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the respondent Police raised objection stating that the investigation is pending.

5. Considering the facts and circumstances of the case and this Court has already granted anticipatory bail to A1, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Learned Judge, Mahila Court (FTC), Namakkal, on condition that the petitioners shall execute a separate bond for a sum of Rs.

(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/- 11/05/2022 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 JUDGE MAHILA COURT (FTC) NAMAKKAL.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, AWPS-RASIPURAM POLICE STATION, NAMAKKAL DISTRICT.

+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.6949 CRL OP.10893/2022 Date :11/05/2022 TA-13/05/2022