Muneeswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14506 of 2023 Muneeswari ... Petitioner/Accused No.2 Vs The State represented by The Inspector of Police, Tallakulam All Women Police Station, Madurai City.

(Crime No.40 of 2023).

... Respondent/Complainant For Petitioner : M/s.Uthayakumar.A, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.40 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 366, 506(i) of IPC and 5(L) & 6, 17 of POCSO Act and 9 & 10 of Child Marriage Act, in Crime No.40 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that she is the grandmother of the victim girl. Her daughter by name Murugavalli was married and later divorced. There was property issue between the above said family members. Her granddaughter was having some sort of friendly relationship with the first accused. Later they developed some sort of intimacy and step mother tried to get marry the victim girl with the first accused. That was objected by the victim girl. She was sent out of the home and later she joined with the first accused. After that marriage was arranged in Murugan temple and performed. Later they separated by the parent of the first accused. 3.It is seen that this petitioner alleged to have harassed the victim girl. Because of the harassment only she went out of the house and later married the first accused by the arrangment made by the co-accused.

3. Considering the nature of offence and the limited overt act attributed against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

4. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Madurai, on condition that 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 Magistrate concerned

and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioner 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/- 09/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE NO.II MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE TALLAKULAM ALL WOMEN POLICE STATION, MADURAI CITY.

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

+1 CC to M/s.A.UTHAYA KUMAR, Advocate ( SR-12023[I] dated 09/08/2023 )

ORDER

IN CRL OP(MD) No.14506 of 2023 Date :09/08/2023 SS/VR/07/09/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023