Alagarakkal v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Alagarakkal : Petitioner/Accused Vs.

State represented through The Sub Inspector of Police, AWPS Aruppukottai Police Station, Virudhunagar District.

Crime No.3 of 2022.

: Respondent/Complainant For Petitioner : Mr.A.Balaji, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.3/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 376

(3) IPC r/w 5(i), 5(j) (ii) and 6 of POCSO Act r/w 9 and 10 of Prohibition of Child Marriage Act, 2006, in Crime No. 3 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused arranged the marriage of the minor girl with the first accused. Due to that, the victim girl became pregnant and subsequently, she was admitted in Government Hospital, Virudhunagar for health issues. The Hospital Authority had informed the respondent and on that basis a case has been registered against the petitioner.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is the mother of the victim.

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4.When the matter was taken up on 16.03.2022, the petitioner's counsel submitted that the petitioner and the parents of the first accused were already arrested and are still in judicial custody and that the victim girl is now admitted in hospital for delivery, this Court has granted interim protection to the petitioner.

4. The learned Additional Public Prosecutor appearing for the State would submit that the accused 2 to 4 were released on bail. 5.Admittedly, the petitioner/Accused, is the mother of the victim.

6.Considering the fact that the investigation has already been completed and also the fact that the co-accused/A2 to A4 were already released on bail and that the petitioner is not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Sessions Judge, Special Court for POCSO Act Cases, Srivilliputhur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Sessions Judge concerned and on further conditions that: a)the petitioner 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 petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(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 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; 2/3

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

sd/- 05/04/2022 / TRUE COPY / / /2022 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 SESSIONS JUDGE, SPECIAL COURT FOR POCSO CASES, SRIVILLIPUTHUR.

2. THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.4954 of 2022 Date :05/04/2022 das USK/PN/SAR-II/20.04.2022/3P/4C 3/3