N.Gangadharan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
1. N.Gangadharan,
2. G.Murugammal, ... Petitioners/Accused Nos. 2 & 3 Vs State Rep.by The Inspector of Police, Usilampatti Town Police Station, Madurai District.
Cr.No.33/2023.
... Respondent/Complainant For Petitioners : M/s.Krishna Sreethar.M, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 33/2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/A2 and A3 who apprehend arrest at the hands of the respondent police for the offences punishable under sections 9,10 of Child Marriage Registration Act and sections 5 (l)r/w.6 of POCSO Act in Crime No. 33 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution as per the de-facto complainant is that the first accused had kidnapped the victim girl,married her and had sexual intercourse with her, hence the case.
3. Heard both side and perused the materials available on record including the First Information Report. 1/3
4. There are totally three accused in this case and the petitioners herein are arrayed as A2 and A3,who are parents of A1. A1 was arrested and remanded to judicial custody. On perusal of the statement of the victim recorded under section 164 Cr.P.C reveals the fact that there are allegations as against A1 and the no offence has been made out as against the petitioners to attract the offence under the POCSO Act. Taking into consideration the facts and circumstances of the case this court is inclined to grant anticipatory bail to the petitioners , with certain conditions:
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned judicial Magistrate No.I, Usilampatti, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners 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 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 Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 24/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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AAV TO 1 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI, MADURAI DISTRICT.
2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5503 of 2023 Date :24/03/2023 PKP/BUC/SAR-3/30.03.2023/ 3P/5C 3/3