Kanchana v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Thirteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14255 of 2021 1 KANCHANA [ PETITIONERS / ACCUSED ] 2 SALAMMAL 3 KUTTI 4 GAJENDRAN 5 MALLAMMAL 6 VENKATESAN 7 BALAMURUGAN 8 ABINAYA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OFPOLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT (CR NO. 311/2021) For Petitioner : M/S.N.PONRAJ Advocate For Respondent : MR.C.E.PRATAP, 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 at the hands of the respondent police for the alleged offence under Sections 9 and 11 of Child Marriage Restraint Act and Section 5(1) read with Section 6 of POCSO Act, 2012 in Cr.No.311 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the Child Welfare Committee lodged a complaint stating that the victim, who is a minor, got married with A1 on compulsion on 29.04.2021 and A1 made sexual assault on her. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are relatives and neighbours of the victim and co-accused have arrested and released on bail by this court. The petitioners are no way connected with the alleged offences and they have been falsely implicated in this case. Hence he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl.Side) submitted that the defacto complainant has been produced before the learned District Munsif cum Judicial Magistrate, Penngaram. The statement of 164(5) Cr.P.C has been recorded. Hence, the learned Government Advocate vehemently opposed to grant anticipatory bail to the petitioners.
5. This Court is of the view that on perusal of the 164 statement, the petitioners are only relatives and there is no serious allegation made against the petitioners, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:
(a) 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 Judicial Magistrate, Palacode on condition that the petitioners shall execute 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 and on further condition that:
(b)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c)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;
(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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 13/08/2021 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, PALACODE.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PENNGARAM.
4 THE INSPECTOR OFPOLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.N.PONRAJ Advocate on payment of necessary charges SR.NO.8511 CRL OP.14255/2021 Date :13/08/2021 CSK 25/08/2021