R.Manickam v. State Rep By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 9, 10 Prohibition of Child Marriage Act, 2006 and 5(l) (j) (ii) r/w Section 6 of POCSO Act and in crime No. 15 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that One Janaki Social Welfare Officer, lodged a complaint before respondent police stated that the petitioner married the victim girl who is aged about 17 years on 13.06.2022, and she got pregnant. Thereafter, five month womb was died and she take treatement at Narayana Irudalaya Hospital, Bangalore.

3. Heard both sides.

4. Considering the facts and circumstances of the case and also the fact that investigation almost completed, this Court is inclined to grant anticipatory bail to the petitioner.

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5.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Magila Court, Krishnagiri, 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 and on further condition that: (a)the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(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 anticipatory 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.

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T.V.THAMILSELVI, J.

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