Yuvaraj v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14000 of 2022 1 YUVARAJ [ PETITIONERS / ACCUSED ] 2 RANI Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, VEPPAN KUPPAM POLICE STATION, VELLORE DISTRICT.
CRIME NO.72 OF 2022 For Petitioner : M/S.D.RAJASEKARAN Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor 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 offences punishable under Section 366(A) of IPC. Subsequently altered into Sections 366(A), 376(2)(n) of IPC r/w Sections 6, 5(l), 16 and 17 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, in Crime No.72 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner with the help of the second petitioner kidnapped the victim minor girl and married her. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the first petitioner and the victim girl out of love affair eloped from
their house and they got married when the victim girl was at the verge of attaining majority and now she has attained her majority. He further submits that the petitioner is ready to abide any condition and he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the petitioners forcibly kidnapped and married the minor victim girl. Therefore, he vehemently opposed to grant anticipatory bail to the petitioners.
5. It is seen from the records and also the statement recorded under Section 164 Cr.P.C revealed that the victim girl now aged about 18 years. The petitioner and the victim girl are living happily.
6. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7.
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 on which the order copy made ready, before the Special Court for Exclusive Trial of Cases under POCSO Act, 2012, Vellore, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the first petitioner shall marry the victim girl and register their marriage before the registering authority forthwith and produce the marriage registration certificate before the respondent police within a period of 2 weeks from the date of receipt of a copy of this order. Failing which, the respondent police is directed to secure the first petitioner and proceed against him in accordance with law.
[c] the first petitioner alone shall report before the respondent Police daily at 10.30 a.m, for a period of three weeks and thereafter as and when required for interrogation. The second petitioner shall report before the respondent police as and when required for interrogation.
[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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
-sd/- 20/06/2022 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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, 2012, VELLORE.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 INSPECTOR OF POLICE, VEPPAN KUPPAM POLICE STATION, VELLORE DISTRICT.
+1 CC to M/S.D.RAJASEKARAN Advocate on payment of necessary charges SR.NO. 9541 CRL OP.14000/2022 Date :20/06/2022 RW-27/06/2022