T.Kaliyammal v. State Rep.By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence punishable under Sections 9 and 10 of the Prohibition of Child Marriage Ac 2006 and Sections 5(1), 5(j)(ii) read with Section 6 of the POCSO Act, 2012 in Crime No.09 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner's son (A1) had love affair with the victim minor girl and married her on 07.01.2021 in the presence of their parents and the subsequently the victim minor girl got conceived. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioner, without prejudice to her rights, is ready to abide any condition

imposed by this Honourable court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner had love affair with the victim minor girl and married her. He also submits that A1 already arrested and released on bail and he further submits that the investigation is almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts that A1 already arrested and released on bail, the submissions made by the both counsel and also the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the Fast Track Mahila Court, Dharmapuri 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 petitioner and 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 is directed to report before the respondent police as and when required for interrogation. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.

[f] 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] [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

03.01.2023 jai

T.V.THAMILSELVI, J.

jai 03.01.2023