Sivasakthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/05/2023 PRESENT The Hon`ble Mrs.Justice R.KALAIMATHI

1. Sivasakthi

2. Rajammal ... Petitioners/Accused No.1 & 2 Vs State Rep.by The Inspector of Police, Vadamadurai Police Station, Dindigul District.

Cr.No.128/2023.

... Respondent/Complainant For Petitioners : M/s.Aruljenifer.A, Advocate.

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

PRAYER :- For Bail in Crime No.128/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2 who were arrested and remanded to judicial custody on 03.04.2023 for the offences under sections Girl Missing @ 366(A)of IPC and sections 9 and 11 of Prohibition of Child Marriage Act,2006 in Crime No.128 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that A1 with an intention to marry Dhanalakshmi to his wife's sister son Arun with the help of other accused brought her with them and conducted marriage with the said Arun at Uthamapatti Manthai, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration this court is inclined to grant bail to the second petitioner alone, subject to 1/3

the following conditions:

[a] Accordingly, the second petitioner is ordered to be released on bail on condition to 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, Vedasanthur and on further conditions that:

[b] 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. [c] the second petitioner shall stay at report before the respondent police daily at 10.30 am., for a period of one month and thereafter as and when required for interrogation. [d] the second petitioner shall not commit any offences of similar nature.

[e] the second petitioner shall not abscond either during investigation or trial.

[f] the second petitioner shall not tamper with evidence or witness either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the second petitioner in accordance with law as if the conditions have been imposed and the second petitioner is 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

5. Since there are specific allegations as against the first petitioner the petition stands dismissed.

sd/- 10/05/2023 / TRUE COPY / 10/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE, VEDASANDUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL. 4 THE OFFICER INCHARGE, WOMEN PRISON, NILAKOTTAI, DINDIGUL DISTRICT. 2/3

5 THE INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.A.ARUL JENIFER, Advocate ( SR-7242[I] dated 10/05/2023 )

ORDER

IN CRL OP(MD) No.8657 of 2023 Date :10/05/2023 RS/BUC/SAR-4(10.05.2023) 3P 8C 3/3