K.Gurunathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN K.GURUNATHAN ... PETITIONER/ACCUSED NO.3 VS STATE REP.BY THE INSPECTOR OF POLICE, CANTONMENT ALL WOMEN POLICE STATION, TRICHIRAPALLI (CRIME NO. 14 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : Mr.T.Thirumurugan, Advocate.

For Respondent : Mr.M.Chandra Sekaran, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 14 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A3 herein was arrested and remanded to judicial custody on 08.07.2020 for the alleged offence under Section 306 of IPC r/w Sections 5(1) and 6 of Protection of Child from Sexual Offences Act, and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006, in Crime No.14 of 2020 on the file of the respondent Police, seeks bail.

2.Totally there are five accused in this case. The petitioner is the father of A1 and A1 is the husband of the deceased minor girl, who is aged about 15 years. The case of the prosecution is that earlier, A1 had love affair with one Lavanya, Who is arrayed as A5 in this case. Due to compulsion of the petitioner, as well as health condition of the mother of the deceased, A1 got married the deceased. Even after the marriage, A1 said to have illegal intimacy with A5 and also got married to A5. After knowing the fact, the deceased got upset and she said to have committed suicide by set fire herself. Hence, the crime has been registered. 1/3

3.The learned counsel appearing for the petitioner would submit that the petitioner is the maternal uncle of the deceased. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is in incarceration for more than 49 days and coaccused have already been enlarged on bail by the Court below and hence, he may be released on bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the son of the petitioner herein got married the deceased minor girl, who is aged about 15 years and after the marriage, A1 was having illegal intimacy with A5 and also got married to A5. After knowing the fact, the deceased got upset and thereafter she said to have committed suicide by set fire herself.

5.considering the facts and circumstances of the case and also considering the rival submissions on either side and on perusal of the records, it is seen that the deceased is the sister's daughter of the petitioner herein and the allegation against the petitioner is that he has only arranged marriage of the deceased with A1 and due to illicit intimacy of A1 with A5, the deceased said to have committed suicide, and also considering the period of incarceration and also the fact that investigation is almost completed and the coaccused have already been enlarged on bail by the Court below, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Mahila Court, Trichirapalli.

i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

ii) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial. v)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]. 2/3

vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 27/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SESSIONS JUDGE, MAHILA COURT, TRICHIRAPALLI.

2 THE INSPECTOR OF POLICE CANTONMENT ALL WOMEN POLICE STATION, TRICHIRAPALLI.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.9003 of 2020 Date :27/08/2020 VSG JM/PN/SAR 2/27.08.2020/3P/5C 3/3