Chandhira v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Chandhira ... Petitioner/Accused 2 Vs The State rep.by The Inspector of Police, Musiri All Women Police Station, Trichy District.
(Crime No.37/2022).
... Respondent/Complainant For Petitioner : Mr.M.Balamurugan, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.37/2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A2 who apprehends arrest at the hands of the respondent police for the offences punishable under sections 9,11 of Prohibition of Child Marriage Act, in Crime No. 37 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the parents of the victim passed away and the second petitioner who is the relative of the victim had performed the marriage of the victim with the first accused, hence the case came to be registered.
3. Heard both side and perused the materials available on record including the First Information Report.
4. A perusal of the First Information Report reveals that the victim girl got married with the first accused. The petitioner is the mother of the first accused. According to the victim girl she was married to the first accused by her maternal mother and after 10 days from the marriage she removed her thali and went to her house. Taking into consideration of the facts that the petitioner is 1/3
only the mother of the first accused, this court is inclined to grant anticipatory bail to the petitioner , with certain conditions:
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thuraiyur on condition that the petitioner shall execute a 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 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 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 12/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE, MUSIRI ALL WOMEN POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.M.BALAMURUGAN Advocate SR.No.5752
ORDER
IN CRL OP(MD) No.6752 of 2023 Date :12/04/2023 SA/VR/SAR.3/19.04.2023/3P/6C 3/3