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Madras High CourtCRL OP/16816/2021granted

G.Elumalai v. The State Rep By

2021-09-16Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16816 of 2021 G.ELUMALAI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KALLAKURICHI.

CRIME NO.16 OF 2021 For Petitioner : K.SASINDRAN Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence punishable under Sections 9 and 10 of Prohibition of Child Marriage Act, 2006 in Crime No.16 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that a minor girl was married to the petitioner on 15.02.2021 and based on the statement of the minor girl that she was married on compulsion, based on the complaint made by the defacto complainant/Social Welfare Officer, District Child Protection Unit, Kallakurichi, the Law Enforcing Agency registered the case against the petitioner. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that the the statement u/s 164 Cr.P.C. has been recorded from the Victim girl.

5. Heard both sides and perused the records including 164 statement recorded from the victim girl.

6. On perusal of the statement recorded u/s.164 Cr.P.C. from the victim girl which reveals that the victim girl, on her own volition went along with her uncle and there is no sexual allegations against the petitioner, this court is inclined to grant anticipatory bail to these petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate -I, Kallakurichi 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 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 Court concerned 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 two 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 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;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 16/09/2021 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, NO.I, KALLAKURICHI.

2 THE CHIEF JUDICIAL MAGISTRATE VILUPPURAM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KALLAKURICHI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to K.SASINDRAN Advocate on payment of necessary charges SR.NO.10175 CRL OP.16816/2021 Date :16/09/2021 JPA 24/09/2021