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Madras High CourtCRL OP(MD)/1557/2020granted

Siranjivi v. The Inspector Of Police

2020-01-30Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1557 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1557 of 2020 SIRANJIVI ... PETITIONER/ACCUSED NO.1 VS STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY DISTRICT.

(IN CRIME NO.25 OF 2019).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.R.Karunanidhi, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.25 of 2019 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 22.12.2019 for the offences under Sections 5(1), 6 and 17 of the Protection of Child from Sexual Offences Act, 2012 and Section 9 Prohibition of Child Marriage Act, 2006, in Crime No.25 of 2019, on the file of the respondent police. Hence, he seeks bail.

3. It appears to be a case of consensual love affair and consequential marriage. Of course, the victim is aged below 18 years. Now I am concerned about granting of bail. I am of the view that from the circumstances appearing from the record, the petitioner deserves to be granted bail. Hence, I am inclined to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1557 of 2020 enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) 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 Sessions Judge, Mahila Court, Trichirappalli.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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]. sd/- 30/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, MAHILA COURT, TRICHIRAPPALLI.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHIRAPPALLI.

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

+1 CC to M/s.R.KARUNANITHI, Advocate ( SR-1848[I] dated 30/01/2020 )

ORDER

IN CRL OP(MD) No.1557 of 2020 Date :30/01/2020 IAS JM/PN/SAR 3/30.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2