Selvarasu v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Third day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15884 of 2021 1 SELVARASU [ PETITIONERS / ACCUSED ] 2 VASUGI 3 KATHAMUTHU 4 GEETHA Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VEPPUR POLICE STATION, CUDDALORE DISTRICT.

CRIME.NO.382 OF 2021.

For Petitioner : M/S. M.SELVAM 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 Section 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 in Crime No.382 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners along with other accused were involved in child marriage. The petitioners are the relatives of the victim girl who is a minor (17yrs). The case was filed by the Center Administrator, District Social Welfare office, who investigated the victim along with her mother. On further investigation, it was found that the victim girl on her own volition entered into the marriage. Thereafter, the girl was sent to the Matt Children Home by Child line. Hence, the case is registered against the petitioners.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He also mentioned that the petitioners have not forced

the victim girl for the marriage. However, on instructions, he further submits that the petitioners, without prejudice to their rights, are ready to abide any condition imposed by this Honourable court. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submitted that the petitioners were involved in the child marriage and their presence was confirmed. The statement of the victim girl has been recorded under Section 164(2) Cr.P.C. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

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5.This Court perused the statement of the victim under Section 164(2) Cr.P.C reveals that the petitioners are only relatives and there is no serious allegation made against the petitioners. In such circumstances this Court is inclined to grant anticipatory bail to the petitioners 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 Court No-I, Vridhachalam, Cuddalore District 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/- 03/09/2021 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 COURT NO.I, VRIDHACHALAM, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, CUDDALORE DISTRICT (FOR INFORMATION).

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VEPPUR POLICE STATION, CUDDALORE DISTRICT.

CC to M/S. M.SELVAM Advocate on payment of necessary charges CRL OP.15884/2021 Date :03/09/2021 INBA 14/09/2021