Veerasamy v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.25007 of 2021
1. Veerasamy
2. Selvi ... Petitioners Vs.
The State by Inspector of Police Tharamangalam Police Station, Salem District.
Crime No.357 of 2021 ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent police concerned in Crime No.357 of 2021 on the file of the Inspector of Police, Tharamangalam Police Station, Salem District.
For Petitioners : Mr. C.Prabakaran For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 9 and 10 of Child Marriage Act, in Crime No.357 of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the daughter of the petitioners aged about 16 years made arrangement for marriage with one Praveen/A2. Upon receiving the information, the defacto complainant went to the temple and also found that the marriage was solemnized between the victim girl and A2 and immediately secured the girl and handed over to the Government Home for Women at Salem. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners have not been committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) submits that the investigation was almost completed.
5. Considering the submissions made by both counsel and also considering the fact that the investigation was almost completed, this Court is inclined to grant anticipatory bail to the petitioners. 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, Omalur on condition that the petitioners shall execute separate bonds 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 has been imposed and the petitioners are 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/- 21/12/2021 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.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM [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.15362 CRL OP.25007/2021 Date :21/12/2021 JPA 03/01/2022