Devi v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16883 of 2021 1 DEVI [ PETITIONERS / ACCUSED ] 2 RAKKAMMAL Vs STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, POLLACHI, COIMBATORE DISTRICT.
CRIME NO. 10 OF 2021 For Petitioner : M/S. D.R.ARUN KUMAR 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 petitioners, who apprehend arrest for the alleged offence punishable under Sections 363 IPC and Sections 9 and 10 of the Prohibition of the Child Marriage Act, 2006, in Crime No.10 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that A1 kidnapped the victim minor girl and performed marriage. Thereby the law enforcing agency registered a case against the petitioners.
3. The learned counsel appearing for the petitioners submits that the petitioners did not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. In fact the petitioners s are the relatives of A1
4. The learned Government Advocate submitted that A1 kidnapped the victim minor girl and performed marriage. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. This court perused the 164 statement. On perusal of 164 statement recorded under Section under 161(3) of Cr.P.C, reveals that the victim girl on her own volition went along with the petitioners and performed marriage.
6.Considering the facts and circumstances of the case, no serious allegation was made against the petitioners. Herein the petitioners are the relatives of A1. Hence, this Court inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioners are 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 Special Court for exclusive trial of POCSO Act cases Coimbatore on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), each 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 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;
(b) the petitioners shall report before the respondent police 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 15/09/2021 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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF POCSO ACT CASES, COIMBATORE.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, POLLACHI, COIMBATORE DISTRICT.
+1 CC to M/S. D.R.ARUN KUMAR Advocate on payment of necessary charges SR.NO.10126 CRL OP.16883/2021 Date :15/09/2021 RW 01/10/2021