Manjula v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). No.2061 of 2025

1. Manjula,

2. Mani, ... Petitioners/Rank not known Vs The State of Tamilnadu, Rep. By. the Inspector of Police, All Women Police Station, Kulithalai, Karur District Crime No.03/2025.

... Respondent/Complainant For Petitioners : Mr.K Arunraj, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.03/2025 . on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners / Accused, who apprehend arrest at the hands of the respondent Police for offence under Sections 9 and 10 of Child Marriage Act, 2006 and 5(1) r/w 6 of POCSO Act, 2012 and 351(ii) of BNS in Crime No.3 of 2025 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are the parents of the victim girl, who was a minor. The victim girl is said to have been given on marriage to one Tamilselvan, who is a close relative. The marriage was conducted against the wishes of the victim girl and thereafter, the victim girl went to the house of Tamilselvan where they were living as a joint family. Thereafter, the victim girl was subjected to cruelty and she came back from the house of Tamilselvan to her parents' house. There are totally six accused persons in this case and the petitioners have been arrayed as Accused Nos.1 and 2.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent Police.

4. Taking into consideration the facts and circumstances of the case and considering the statement recorded from the victim girl under Section 183(5) of BNSS 2/5

and considering the fact that the victim girl is now living with her parents, who are the petitioners herein, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.

5. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Fast Track Mahila Judge, Karur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties (common surety) 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioners 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 3/5

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]; and; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 31/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE FAST TRACK MAHILA JUDGE, KARUR.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KULITHALAI, KARUR DISTRICT.

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

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+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-1244[I] dated 31/01/2025 )

ORDER

IN CRL OP(MD) No.2061 of 2025 Date :31/01/2025 NBF / SAR- (13/02/2025) 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5