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Madras High CourtCRL OP(MD)/14513/2018ordered

Karthik v. The Inspector Of Police

2018-08-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14513 of 2018 KARTHIK ... PETITIONER / ACCUSED No.4 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE SINDHUPATTI POLICE STATION, USILAMPATTI TALUK, MADURAI DISTRICT.

Crime No.67 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.MALATHI Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody on 23.07.2018 for the offences punishable under Sections 9, 10 Child Marriage Registration Act 2006 and 366(A), 417, 471, 420 of IPC, in Crime No.67 of 2018 on the file of the respondent police. He seeks bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.The case of the prosecution is that on 24.04.2018, the first accused eloped with the victim girl aged about 171⁄2 years and got married. The petitioner herein is the friend of the first accused forged the age certificate and use it before the Sub-Registrar Office, Thittakudi and registered their marriage. Initially, the complaint was lodged by the father of the victim girl. The case has been originally registered as girl missing. Thereafter, it was altered to Section 9 and 10 of Child Marriage Registration Act 2006 and 366 (A), 417, 471 and 420 of IPC. Therefore, the petitioner was arrested and remanded judicial custody on 23.07.2018. Hence, the complaint.

4.The learned counsel for the petitioner would submit that the petitioner was arrested and remanded judicial custody on 23.07.2018. The petitioner and the first accused are friends. He is no way https://hcservices.ecourts.gov.in/hcservices/

connected with the alleged marriage. Moreover, the marriage is on 24.04.2018 and thereafter, they lived together for four months. Hence, he prays for grant of bail to the petitioner.

5. Considering the facts and circumstances, the petitioner is the friend of the first accused and also the girl is in verge of attaining the age of majority, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions: (i) 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 learned Judicial Magistrate, Thirumangalam..

(ii)the petitioner shall appear before the respondent police at 10.30 a.m., for a period of two weeks, thereafter he should appear as and when required.

sd/- 16/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE SINDHUPATTI POLICE STATION, USILAMPATTI TALUK, MADURAI DISTRICT.

4.THE OFFICER INCHARGE THIRUMANGALAM SUB JAIL.

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

+1. CC to M/S.K.MALATHI Advocate SR.No.15630

ORDER

IN CRL OP(MD) No.14513 of 2018 Date :16/08/2018 TK/PN/SAR.1/16.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/