S.Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14000 of 2018 1 S.ARUMUGAM 2 PUSHPA ALIAS PUSHPAM 3 PRIYA ... PETITIONERS / A2 to A4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODINAYAKANUR, THENI DISTRICT, (CRIME NO. RESPONDENT / COMPLAINANT For Petitioners : M/S.K.KEVINKARAN Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 9,10 and 11 of Prohibition of Child Marriage Act, 2006 and 5(1) and 6 of POCSO Act, in Crime No.

7 of 2018, seek anticipatory bail. 2.The case of the prosecution is that on 27.10.2017, the first accused got married to one minor girl, namely Yugathi, aged about 17 years. It was prevented by the Social Welfare Officers, Madurai and they lodged a complaint. Initially, the Inspector of Police, All Women Police Station, Tallakulam, Madurai registered a case and thereafter, the same was transferred to the respondent police. 3.The learned counsel for the petitioners would submit that the second and third accused are in-laws of the victim girl. The fourth accused is the mother of the victim girl. He further submits that the marriage was arranged by the elders. The victim girl and the accused persons are close relatives. On 27.10.2017, when the marriage was about to took place, it was stopped by the Social Welfare Officers, Madurai.

Therefore, they did not commit any crime. Hence, he prays for grant of anticipatory bail to the petitioners. https://hcservices.ecourts.gov.

4.Heard the learned Additional Public Prosecutor for the respondent.

5.It is seen that the alleged marriage was arranged among the close relatives and it was prevented by the Social Welfare Officers, Madurai. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Bodinayakanur and on their executing 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 learned Magistrate concerned and and on further condition that the petitioners shall report before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 07/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE , BODINAYAKANUR.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODINAYAKANUR, THENI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.KEVINKARAN Advocate SR.No.15188

ORDER

IN CRL OP(MD) No.14000 of 2018 Date :07/08/2018 MV:RR:SAR2:14/08/18/2P/6C https://hcservices.ecourts.gov.in/hcservices/