Rajasekaran, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.814 of 2019 RAJASEKARAN ... PETITIONER / ACCUSED NO.1 Vs STATE REP. BY THE INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT.

(CRIME NO.13/2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.MUTHUKRISHNAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 in Cr.No.13 of 2019 on the file of the respondent police, seeks anticipatory bail. 2.It is the case of the prosecution is that the victim girl is the minor girl. With the consent of the victim girl's family and the petitioner's family, the marriage was solemnized on 23.08.2018 between the petitioner and the victim girl. After the marriage, there was a complaint before the Social Welfare Officer. Thereafter, a case was registered against the petitioner under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006 and thereafter, the case was altered into Section 5(i) r/w 6 of POCSO Act .

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he further submit that with the consent of the both parents the marriage was solemnized.

4.The learned Government Advocate (Crl.Side) appearing for the respondent State would submit that investigation is pending. 5.Considering the facts and circumstances of the case and also considering the marriage was solemnized with the consent of both families, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen https://hcservices.ecourts.gov.in/hcservices/

days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thuraiyur, on condition that 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 am., until further order ;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 petitioner 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 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 229-A IPC.

sd/- 06/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.S.MUTHUKRISHNAN Advocate SR.No. 2540

ORDER

IN CRL OP(MD) No.814 of 2019 Date :06/02/2019 JM/VR/SAR 2/12.02.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/