Mohan v. State Rep. By

A.D.JAGADISH CHANDIRA, J.

Apprehending arrest in connection with Crime No.13 of 2021, registered for the offences punishable under Section 10 of the Prohibition of Child Marriage Act, 2006, the present petition has been filed seeking anticipatory bail. 2.The case of the prosecution is that accused attempted to perform child marriage of their daughter. Hence, the case. 3.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this court. He would further submit that after attaining majority the victim girl/petitioner's daughter fell in love with one Balaji and the petitioners herein conducted the marriage and reception at Balaji Palace Marriage Hall, Chrompet on 25.05.2023. They are ready to abide by any stringent condition that may may be imposed by this Court.

4.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioners attempted to perform the

marriage of their minor daughter. After attaining the majority their daughter fell in love with one Balaji and the petitioners herein performed the marriage and reception at Balaji Palace Marriage Hall, Chrompet on 25.05.2023. 5.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on 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 Mahila Court, Chengalpattu, on condition that the petitioners shall execute a bond for a sum of Rs.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter as and when required; [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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

10.12.2024 ah

A.D.JAGADISH CHANDIRA, J.

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10.12.2024