Perumal Shankar v. State Rep 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.14866 of 2022 1 PERUMAL SHANKAR [ PETITIONERS / ACCUSED ] 2 CHELLAPANDI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-34, ALL WOMEN POLICE STATION, ENNORE, CHENNAI.

(CRIME NO.17/2022) For Petitioner : M/S.S.RAJKUMAR 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 petitioners/A3 & A4, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 9, 10 & 11 of Prohibition of Child Marriage Act in Cr.No.17 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 09.06.2022, the victim girl aged about 15 years was produced before Child Welfare Council through Child Line and OSC Staff and they came to know that on 09.06.2022 at about 05.05 a.m., child marriage was performed between the said victim girl and one Alagupandi. Hence, the complaint.

3. The petitioners are A3 and A4. They are father and fatherin-law of the victim girl.

4. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. 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 learned Judicial Magistrate, Thiruvottiyur on condition that each of the petitioners shall execute a separate 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 petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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

[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 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]. [f] If the accused thereafter abscond, 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 JUDICIAL MAGISTRATE, THIRUVOTTIYUR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, W-34, ALL WOMEN POLICE STATION, ENNORE, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.S.RAJKUMAR Advocate on payment of necessary charges SR.No.10167 CRL OP.14866/2022 Date :28/06/2022 CSK 04/07/2022