Mohamed Rafeek v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Mohamed Rafeek ... Petitioner / Accused No.1 Vs The State of Tamil Nadu Represented by the Inspector of Police, All Women Fort Police Station, Trichy District.
(Crime No.24 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Manoj Kumar Advocate For Respondent : Mr.A.Albert James Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 24 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner, 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 in Crime No.24 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that A1 married the victim who was a minor and the marriage was conducted by both the family members. There are totally five accused persons in this case and the petitioner has been arrayed as A1.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the statement of the victim girl recorded under Section 183 of BNSS and also taking note of the fact that A2 to A5 were granted anticipatory bail by Sessions Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional Judicial Magistrate, Mahila Court, Trichy 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 shall report before the respondent police 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 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, 2023.
sd/- 08/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
SMA TO 1 THE ADDITIONAL JUDICIAL MAGISTRATE, MAHILA COURT, TRICHY.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3 THE INSPECTOR OF POLICE, ALL WOMEN FORT POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.291 of 2025 Date :08/01/2025 SS/SKN/SAR- /30/01/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5