Prabakar v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24287 of 2021 Prabakar ... Petitioner
Versus
The State represented by The Inspector of Police, Tharamangalam Police Station, Salem District.
(Crime No.357 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of the arrest by the respondent police concerned in Crime No.357 of 2021 on the file of the Inspector of Police, Tharamangalam Police Station, Salem.
For Petitioner :
Mr.C.Prabakaran For Respondent :
Mr.N.S.Suganthan, Government Advocate (Crl. Side) *********
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 9 and 10 of Child Marriage Act in Crime No.357 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant have lodged a complaint with the respondent police alleging that one Veerasamy's (A1) daughter namely Bhuvaneshwari aged about 16 years, the father of the said Veerasamy and her family have made arrangement for marriage with one Praveen (A2) S/o.Subramani. Accordingly they went saved the girl upon conduction enquiry and the girl was handed over to the Government Home for Women at Salem. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that investigation almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, Omalur, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(a) 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 petitioner shall report before the respondent police on every Saturday at 10.30 a.m., until further orders; (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 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 14/12/2021 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, OMALUR, SALEM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THARAMANGALAM POLICE STATION, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. C.PRABAKARAN Advocate on payment of necessary charges SR.NO.14819 CRL OP.24287/2021 Date :14/12/2021 RW 16/12/2021