B.Rani v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14367 of 2022 B.RANI [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VEPPANKUPPAM POLICE STATION, VELLORE DISTRICT.

CRIME NO.72 OF 2022.

For Petitioner : M/S. R.KARTHIK Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2 who apprehends 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, seeks anticipatory bail.

2. The case of the prosecution is that the A1 with the help of the petitioner herein/A2 kidnapped the victim minor girl and married her. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submitted that the A1 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 petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner along with A1 forcibly kidnapped and married the minor victim girl to A1. Therefore, he vehemently opposed to grant anticipatory bail to the petitioner.

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. A1 and the victim girl are living happily. Further, this court has already granted anticipatory bail to A1 in Crl.O.P.No.14000 of 2022 by Order dated 20.06.2022 with certain conditions.

6. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her 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, Vellore, on condition that the petitioner 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 petitioner 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 petitioner 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.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 28/06/2022 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, VELLORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, VEPPANKUPPAM POLICE STATION, VELLORE DISTRICT.

+2 CC to M/S. R.KARTHIK Advocate on payment of necessary charges SR.NO.10180 CRL OP.14367/2022 Date :28/06/2022 TA-01/07/2022