S.Rajendran v. State Rep. Through
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9353 of 2015 1 S.RAJENDRAN 2 R.DHANALAKSHMI 3 K.THAVASI 4 S.MADASAMY 5 K.KOTTAIMUTHU 6 K.SIVASUBRAMANIAM ... PETITIONERS/ACCUSED NO. 2 TO 7 Vs STATE REP. THROUGH THE INSPECTOR OF POLICE, SATTUR TOWN POLICE STATION, SATTUR.
IN CR.NO.387 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.M.ARUMUGAM Advocate For Respondent : MR.K.V.RAJARAJAN, 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 A2 to A7, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 366(A), 109 I.P.C and Sections 9 and 10 of Prohibition Child Marriage Act and Section 8 of Prohibition of Sexual Offences against the Children Act in Crime No.387 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the accused have kidnapped the minor daughter of the defato complainant for the purpose of marriage. 3.
The learned counsel for the petitioners submitted that the first accused and the daughter of the defacto complainant had fallen in love with each other and the daughter of the defacto complainant, on her own volition, have joined with the first accused and the marriage was performed on 15.05.2015. The learned counsel further submitted that the petitioners are parents and relatives of the first accused, who have https://hcservices.ecourts.gov.in/hcservices/ been falsely implicated in this case.
4.The learned Government Advocate(Crl.side) submitted that the victim is aged about 16 years and the first accused married the daughter of the defacto complainant on 15.05.2015. It is further submitted that the victim is secured and she is now in the Home.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Sattur, Virudhunagar District, on each of them executing a separate 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 04/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II,SATTUR.
2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, SATTUR TOWN POLICE STATION, SATTUR.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S.C.M.ARUMUGAM Advocate SR.No.27892 ORDER IN CRL OP(MD) No.9353 of 2015 Date :04/06/2015 PA/08.06.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/