Hajamaideen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. M.Hajamaideen,

2. K.Umakaphibha,

3. Abinunisha Begum, ... Petitioners/Accused 2 to 4 Vs The Inspector of Police, AWPS Alangudi Pudukkottai District.

Crime No. 2/2024.

... Respondent/Complainant For Petitioners : Mr.R.Paranjothi for M/s. Kbs Law Office, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No. 2 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in connection with the case in Crime No. 2 of 2024 for the offence under Sections 5(1), 1/4

5 (I) (ii), 6(1) and 17 of POCSO Act and Sections 9 and 11 of Child Marriage Act, have filed this petition, seeking anticipatory bail.

2. The case of the prosecution is that the first accused married the minor girl aged about 17 years with the help of the petitioners and the victim girl is now pregnant for 6 months.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submits that the petitioners 1 and 2 are the parents of the first accused and the third accused is the mother of the victim girl. The investigation is yet to be completed. However, he fairly submits that the petitioners are not having any previous case.

5. Considering the facts and circumstances of the case, nature of allegation and considering the fact that the petitioners are not having any previous case, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and 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 of receipt of a copy of this order, before the concerned learned Judicial Magistrate, on condition that 2/4

(i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), each with two sureties each, for a like sum to the satisfaction of the learned Judge, Mahila Court, Pudukkottai District; (ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

(iii) The petitioners shall appear before the respondent police daily at 10.30 am for a period of one week and thereafter, they shall appear as and when required by the respondent police. They have to co-operate for the investigation. (iv) The petitioners shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 18/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 3/4

TO 1 THE JUDGE, MAHILA COURT, PUDUKKOTTAI DISTRICT.

2 THE INSPECTOR OF POLICE AWPS ALANGUDI PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6004 of 2024 Date :18/04/2024 SS/GS/SAR- /25/04/2024/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4