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Madras High CourtCRL OP(MD)/599/2022granted

Arumugaperumal v. The Inspector Of Police

2022-01-12Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.599 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.599 of 2022

1. ARUMUGAPERUMAL

2. MUTHULAKSHMI ... PETITIONERS/ACCUSED NOS.1&2 VS THE STATE REP. BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

(CRIME NO.4/2021).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.Saravanakumar.C, Advocate. For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 4 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 and A2 herein, who were arrested on 12.12.2021 for the alleged offence under Sections 9 and 10 of Child Marriage Prohibition Act, 2006, in Crime No.4 of 2021on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners performed marriage of the minor victim girl, who is aged about 13 years. On the basis of the complaint given by the Social Welfare Officer, the case has been registered.

3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. The second petitioner is the mother of the victim girl. She has three female children. Two of them eloped with others. Hence, on the apprehension of the same over the third girl also, they arranged the marriage.

4.The learned Additional Public Prosecutor submitted that the marriage was performed on 12.12.2021. The complaint was lodged by the Social Welfare Officer. The first petitioner tied thali to the victim girl. But the victim girl is not happy about the said marriage.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.599 of 2022 5.Considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond 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 learned Judicial Magistrate, Ambasamudram and on further condition that the petitioners shall report before the respondent police once in fifteen at 10.30 a.m. until further orders.

sd/- 12/01/2022 / TRUE COPY / 12/01/2022 Sub-Assistant Registrar (C.S.-I) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, AMBASAMUDRAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4. THE OFFICER-INCHARGE, SPECIAL WOMEN SUB JAIL, KOKKIRAKULAM, TIRUNELVELI.

5. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.599 of 2022 Date :12/01/2022 USK/JM/SAR-I/12.01.2022/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2