Madras High CourtCRL OP(MD)/12342/2022granted

Samikkannu v. The Inspector Of Police

2022-07-21Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12342 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12342 of 2022

1. Samikkannu

2. Chinnathal

3. Rajiv Gandhi

4. Chithra @ Chithira Devi ... Petitioners/Accused (Rank Not Known) Vs State Rep.by The Inspector of Police, AWPS-Manapparai, Trichy District.

Crime.No.14/2022.

... Respondent/Complainant For Petitioners : M/s.Pitchai Muthu.M, Advocate.

For Respondent : Mr.P.Kottiachamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.14 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006, in Crime No.14 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was an information to the defacto complainant regarding the child marriage between the victim girl and the first accused in their village. So, they went the spot and stopped the marriage and secured the victim and handed over the victim to the Child Welfare Officer. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that during the investigation the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12342 of 2022 statement of victim was recorded and she stated in the statement that she has also consented to the marriage and that the arrangement was made by them.

5.Considering the facts and circumstances and also based on the the information the marriage has been dropped, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Manapparai, Trichy District, on condition that the petitioners shall execute 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 the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.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 stands dismissed.

sd/- 21/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, AWPS-MANAPPARAI, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12342 of 2022 Date :21/07/2022 RS/PN/SAR.4 (26.07.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2