Arumugam v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 9 and 10 of Prohibition of Child Marriage Act 2006, in Crime No.490 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that A1 married a 16 years old girl and the same was performed by the petitioners herein. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners along with the co-accused were granted anticipatory bail by this Court in Crl.O.P.No.750 of 2022 vide Order dated 12.01.2022. However, due to their inability to raise funds they were unable to surrender and furnish the sureties, thereby, the earlier Order has got lapsed and the present anticipatory bail has been filed.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that based on the report of the District Social Welfare Officer, the complaint was lodged by the respondent police. He would further submit that the petitioners along with co-accused were granted anticipatory bail by this Court in Crl.O.P.No.750 of 2022 vide Order dated 12.01.2022, however they failed to execute the sureties. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the each of the petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only) as cost to the District Legal Services Authority, Cuddalore and on such payment, 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 at Thittakudi, on condition that each of the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 each of the petitioners shall pay a sum of Rs.500/- (Rupees Five hundred only) as cost to the District Legal Services Authority, Cuddalore and the acknowledgment for the same shall be produced before the learned Magistrate concerned at the time of execution of bond.
[c] the petitioner shall report before the respondent police as and when required for interrogation.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
12.10.2022 mpl
A.D.JAGADISH CHANDIRA, J.
mpl 12.10.2022