J.Francis, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19683 of 2018 1.J.FRANCIS, 2.JEYARANI, ... PETITIONERS / ACCUSED Nos.2 & 3 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKKOTTAI, TUTICORIN DISTRICT.

(CRIME NO.9 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.V.MALAIYENDRAN 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, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 9 and 10 of the Prohibition of Children Marriage Act and Section 4 of POCSO Act, in Crime No.9 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the child marriage ceremony was performed at first accused's house with the help of the second and third accused. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They did not commit any offence as alleged by the prosecution.

Further, he would submit that the marriage talks arose between the families and they decided to perform the marriage only after the girl attaining the majority and whereas false case has been implicated against the petitioners. Hence, he prays for anticipatory bail.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor submitted that the investigation is pending.

5.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 No.III, Tuticorin 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 on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners 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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 01/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.III, TUTICORIN.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PUDUKKOTTAI,TUTICORIN DISTRICT.

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

+1. CC to MR.V.MALAIYENDRAN Advocate SR.No.20988

ORDER

IN CRL OP(MD) No.19683 of 2018 Date :01/11/2018 msa AE/RR/SAR1/12.11.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/