Anandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.23179 of 2021 1.Anandan 2.Sujatha 3.Thulasi 4.Govindammal ... Petitioners Vs.

State Rep. By Inspector of Police, All Women Police Station, Thiruppathur, Thiruppathur District.

Cr.No.13 of 2021.

... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to grant anticipatory bail to the petitioners in the event of their arrest in crime No.13 of 2021 pending investigation on the file of the respondent.

For Petitioners: Mr.E.Kannadasan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 11 of protection of Child Marriage Act and subsequently altered into Sections 4, 5(j)(ii) r/w 6 of Protection of Children from Sexual Offence Act and 9 & 11 of Protection of Child Marriage Act in Crime No.13 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 26.07.2021 the defacto complainant received an information through child help line 1098 about the child marriage performed by the above petitioners with their son and daughter on enquiry she came to know that the information received as true and the same was informed to Administrator of the

Women Integrated Service Centre on 31.07.2021. On their direction, she lodged a complaint before the respondent police. It is further alleged that on 02.11.2021 the respondent police received an intimation from the Doctor at B.M. Hospital, Thiruppathur stated that the victim viz., Lavanya (minor) was admitted in the Hospital for her delivery, on enquiry, the Doctor came to know that she is minor. 3.The learned counsel for the petitioners submits that petitioners are innocent persons and they were falsely implicated in this case. He further submits that the petitioners are ready to take care of the new born child. Therefore, he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.side) submits A1 was already remanded to judicial custody. He further submits that investigation was almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the submissions made by both counsel and the petitioners are ready to take care of the new born child and also the fact that the investigation was almost completed, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions. 6.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 No.2, Thiruppathur, on condition that each of the petitioners shall execute separate bonds for a sum of Rs.

(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/- 03/12/2021 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.II, THIRUPPATHUR.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPPATHUR, THIRUPPATHUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. E.KANNADASAN Advocate on payment of necessary charges SR.NO.14056 CRL OP.23179/2021 Date :03/12/2021 RW 13/12/2021