Rajeshwari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20283 of 2015 1 RAJESHWARI 2 JAYARAMAN 3 THANGAVEL 4 LAKSHMI ... PETITIONERS / ACCUSED Nos.2 to 5 Vs State represented by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MUSIRI, TRICHY DISTRICT.

(CRIME NO. 15 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.VADIVELAN Advocate For Respondent : Mr.K.Anbarasan Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.2 to 5, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006, in Crime No.15 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the District Social Welfare Officer, de-facto complainant received secret information that the petitioners are going to conduct marriage between Iswarya a minor and one Dhanapal on 02.05.2015. The petitioners were called for the enquiry to be conducted on 09.06.2015. They did not appear for enquiry. But they conducted marriage. Therefore, the present complaint was lodged against them.

3. The learned counsel for the petitioners submitted that the petitioners 1 and 2 are the parents of the victim and the petitioners 3 and 4 are the parents of one Dhanapal/A1. It is further submitted that no such marriage was solemnised on 02.05.2015 and the victim is residing with her parents and the first accused viz., Dhanapal was arrested and enlarged on bail by the learned Judicial Magistrate, Musiri in Cr.M.P.No.5524 of 2015 dated 29.09.2015.

4. Heard the learned Government Advocate (Crl.side).

5. Considering the facts and circumstances of the case and also the fact that the first accused viz., Dhanapal was arrested and enlarged on bail by the learned Judicial Magistrate, Musiri in Cr.M.P.No.5524 of 2015, dated 29.09.2015, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners https://hcservices.ecourts.gov.in/hcservices/

are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Musiri and on their executing 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 learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 02/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUSIRI.

2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MUSIRI, TRICHY DISTRICT.

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

+1. CC to M/S T.VADIVELAN Advocate SR.No.64310 sm:ARK:SAR I:04.11.2015:2P/6C

ORDER

IN CRL OP(MD) No.20283 of 2015 Date :02/11/2015 https://hcservices.ecourts.gov.in/hcservices/