S. Banu v. The Insepctor Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6806 & 6808 of 2018 S.BANU ... PETITIONER / ACCUSED NO.1 IN CRL OP(MD)NO.6806/2018 P.SANTHI ...PETITIONER/ACCUSED NO.3 IN CRL OP(MD)NO.6808/2018 Vs THE STATE OF TAMILNADU REP.BY ITS, THE INSEPCTOR OF POLICE CUMBAM SOUTH POLICE STATION, CUMBAM, THENI DISTRICT.
CRIME NO. 163 OF 2018 ... RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS For Petitioners : M/S.R.SRINIVASAN Advocate IN CRL OP(MD)NO.6806/2018 : MR.A.MITHUN CHARAVARTHI, Advocate IN CRL OP(MD)NO.6808/2018 For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offence punishable under Section 10 of Child Marriage Restraint Act, 1929, in Crime No.163 of 2018, on the file of the respondent police, seek anticipatory bail.
2. It is submitted by the learned counsel for the petitioners is that they have no way connected with the occurrence and that they have no knowledge about the said complaint and prays for anticipatory bail in favour of the petitioners.
3. It is submitted by the learned Government Advocate (Criminal side) that the petitioners are respective mothers of the boy and girl and that for the is a minor girl child, marriage attempted to be performed. This Court is of the view that the custodial interrogation of the petitioners is not required in this case. https://hcservices.ecourts.gov.in/hcservices/
4. Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Uthamapalayam, Theni District and executing a bond each of them for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
5. 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 shall stand dismissed.
sd/- 25/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE UTHAMAPALAYAM, THENI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSEPCTOR OF POLICE, CUMBAM SOUTH POLICE STATION, CUMBAM, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.SRINIVASAN Advocate SR.No.7068 +1cc to MR.A.MITHUN CHAKRAVATHI,Advocate in SR.No.7086 KSA GJM/CM/VR/ASVM/26.4.18-2P-7C
ORDER
IN CRL OP(MD) No.6806 & Date :25/04/2018 https://hcservices.ecourts.gov.in/hcservices/