S.Saravanan @ Sarathbabu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN S.Saravanan @ Sarathbabu ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Kulithalai, Karur District.

In Crime No.4/2021.

... Respondent/Complainant For Petitioner : Mr.S.Balaji, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.4 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 9 and 10 of the Child Marriage Act, 2006 in Crime No.4 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 02.06.2021, marriage between the accused and one Durgadevi, who is minor, had been taken place in Keeranoor Perumal Temple. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he is in love with the said Durgadevi. However, there is no marriage taken place between him and the minor girl.

4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is pending. He also produced Section 164 Cr.P.C., statement of the victim girl.

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5.Perusal of Section 164 Cr.P.C., statement shows that the victim girl was in love with the accused. Though she went along with the accused, there was no marriage taken place between them. 6.Considering the statement of the victim girl and the fact that the defacto complainant is only an informant and not an eye witness to the marriage, this Court is inclined to grant anticipatory bail to the petitioner.

7.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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kulithalai, Karur District, 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 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 respondent police daily at 10.30 am., until further orders.

[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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 JUDICIAL MAGISTRATE NO.I, KULITHALAI.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KULITHALAI, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.8485 of 2021 Date :07/07/2021 GNS AE/SKN/SAR-II/09.07.2021/3P/5C 3/3