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Madras High CourtCRL OP/24286/2021granted

Maheswari v. Inspector Of Police

2021-12-16Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24286 of 2021 1.Maheswari 2.Rangasamy 3.Chellammal @ Selvammal ... Petitioners

Versus

The Inspector of Police, Vazhappadi Police Station, Salem District.

(Crime No.617 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on anticipatory bail in the event of their arrest concerned in Crime No.617 of 2021 on the file of the respondent police. For Petitioners:

Ms.S.Premakumari For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor *********

O R D E R

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 9 and 10 of Prohibition of Child Marriage Act, 2006 and 5(I), 5(j)(ii), 6 of Prohibition of Child from Sexual offences Act, 2012 in Crime No.617 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the 1st petitioner are the relatives to the 2nd and 3rd petitioners. In the year 2019 the defacto complainant father was died due to ill health. Due to family circumstances the marriage was conducted between A1 and the defacto complainant. After the marriage both the defacto complainant and A1 are living happily. However, on information of the hospital authority the complaint was registered as against the petitioners and A1 after getting statement from the

defacto complainant. Now the age of victim is about 18 years and due to unavoidable family situation the said marriage was conducted. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, she prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners were conducted a child marriage, on perusal of that now the girl is under the family, all were family members, if they released on bail they were absconding. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif cum Judicial Magistrate, Vazhappadi, Salem District, on condition that the petitioners 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 petitioners shall report before the respondent police as and when requires 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/- 16/12/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VAZHAPPADI, SALEM DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE VAZHAPPADI POLICE STATION, SALEM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. S. PREMAKUMARI Advocate on payment of necessary charges SR.NO.14992 CRL OP.24286/2021 Date :16/12/2021 RW 22/12/2021