Kala v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN Kala ... Petitioner/4th Accused Vs The State rep. by The Inspector of Police, All Women Police Station, Thiruchendur, Thoothukudi District.
Cr No. 17/2020. ... Respondent/Complainant For Petitioner : Mr.G.Thalaimutharasu, Advocate.
For Respondent : Mr.R.Erottuchamy, Government Advocate (Criminal ide) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 17 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who is arrayed as A4, apprehending arrest at the hands of the respondent police for the offences punishable under sections 9 and 10 of Prohibition of Child Marriage Act, 2006, r/w Sections 5(1) and 6 of Protection of Children from Sexual Offences Act, 2012, in Crime No.17 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner is the mother of the victim girl, who is the minor girl. On the date of occurrence, the petitioner said to have arranged marriage to the victim girl with A1. Hence, the present complaint. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.
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4.The learned counsel appearing for the petitioner submitted that the petitioner is the mother of the victim girl and she has only arranged marriage to the victim girl and the marriage said to have not taken place. Hence, he prayed for grant of anticipatory bail to the petitioner.
5.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner has arranged marriage to the victim girl with A1. Hence, the present complaint. 6.Considering the facts and circumstances of the case and also considering the rival submissions on either side and on perusal of the materials available on records, it is seen that the petitioner is the mother of the victim girl and she has only arranged the marriage. Considering the above circumstances, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 7.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Mahila Court (Fast Track Court), Thoothukudi, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation.
(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]; and; 2/3
(f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 16/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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 JUDGE, MAHILA COURT (FAST TRACK COURT), THOOTHUKUDI.
2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUCHENDUR THOOTHUKUDI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.11557 of 2020 Date :16/10/2020 VSG SRS/ AKM/SAR-II/ 28.10.2020/ 3P/4C 3/3