Devi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR 1.Devi 2.Andiyappan 3.Alagammal 4.Kalaiselvi ... Petitioners/Accused No.2 to 5 Vs State represented by, The Inspector of Police, All Women police station, Manapparai, Trichy District.

(Crime No.43 of 2020). ... Respondent/Complainant For Petitioners: Mr.A.Balamurugan, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.43 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused No.2 to 5, apprehending arrest at the hands of the respondent police for the offences punishable under section 366 of IPC @ Sections 10 and 9 of Children Marriage Act, and Section 3(a), 4, 5(1) and 6 of POCSO Act, in Crime No.43 of 2020, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that A1 got married the victim girl with the help of the petitioners. The victim girl is the minor girl. Based on the complaint given by the defacto complainant, the crime has been registered against A1 and the petitioners. 1/3

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

4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that A1 has already been arrested and released on bail by the lower Court. Hence, they seek anticipatory bail. 5.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that A1 got married the victim girl with the help of the petitioners. The victim girl is the minor girl. Hence, the crime has been registered.

6.This is the second application and this Court has already granted anticipatory bail to the very same petitioners. But, they were unable to execute the sureties. Thereafter, they filed a petition for extension of time and the same was allowed by this Court. Thereafter also, the petitioners have not executed the sureties within the stipulated time. Considering the facts and circumstances of the case and also considering the fact that due to matrimonial dispute, the occurrence said to have taken place and there is no demand of dowry, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manapparai, Trichy District, on condition that the petitioners shall execute a bond for a sum of Rs.

(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 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]; and;

(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRAE, MANAPARAI, TRICHY DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3360 of 2021 Date :11/03/2021 RMK PK/JC/SAR-I/18.03.2021 : 3P/5C 3/3