Janul Abudeen @ Zainul Hussain v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Janul Abudeen @ Zainul Hussain,

2. Sithik Fathima @ Sithi Farina,

3. Ahamed Fazal @ Fazal Mohammed, ... Petitioners / Accused No.6 to 8 Vs State represented by The Inspector of Police, All Women Police Station, Pattukottai, Thanjavur District.

(Crime No.22 of 2022.) ... Respondent / Complainant For Petitioner : M/s.Sasikumar.V, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.22 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/A6 to A8, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006, in Crime No.22 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners performed marriage to the minor victim girl with A1. Based on the complaint 1/3

given one Juliya, who is working as a Case worker, One Staff Centre Seva Sangam (District Social Welfare Department), Thanjavur, the present case has been registered against the petitioners. 3.Heard. Perused the materials available on record including the First Information Report.

4.Even according to the case of the prosecution, no such marriage had taken place and only the engagement was done. Therefore, the custodial interrogation of the petitioners does not require in this case. On perusal of the statement recorded from the victim girl under Section 164 of Cr.P.C. reveals that there is no sexual assault between the victim girl and the first accused. 5.Considering the above facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pattukottai, Thanjavur District, on condition that the petitioners shall execute a 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 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 petitioners 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 petitioners 1 and 3 shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; and the second petitioner shall report before the respondent police as and when required for interrogation.

[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 2/3

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 229A IPC.

sd/- 07/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Judicial Magistrate, Pattukottai, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, All Women Police Station, Pattukottai, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.SASIKUMAR.V Advocate SR.No.3624(I) dated 08.03.2023

ORDER

IN CRL OP(MD) No.1976 of 2023 Date :07/03/2023 ED/MMS/SAR-3 (15/03/2023) 3P 6C 3/3