Jesuraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY (*) Jesuraja ... Petitioner/Sole Accused Vs The Inspector of Police, All Women Police Station, Thoothukudi.

Crime No.17 of 2024 ... Respondent/Complainant For Petitioner :

M/s. Radhakrishnan.G, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No.17/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 12.06.2024 for the offence punishable under Section 9 of Prohibition of Child Marriage Act and Section 5(1), 6 of POCSO Act in Crime No.17 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein married the victim 1/4

girl, who is aged about 14 years. Hence, the case. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4.Considering the nature of allegations and being the nature of marriage performed with the child, who has just completed 14 years alone, I am inclined to enlarge the petitioner on bail.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall appear before the respondent Police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial. (v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial 2/4

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]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 27/08/2024 (*)Corrected as per the order of this Court dated 27/08/2024 made in Crl.O.P.(MD) No.14077 of 2024 / TRUE COPY / 27/08/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO (*) To be substituted to the order already despatched on 27/08/2024 1 THE JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, THOOTHUKUDI.

2 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THOOTHUKUDI.

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

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ORDER

IN CRL OP(MD) No.14077 of 2024 Date :27/08/2024 RS//SAR-(27.08.2024) 4P 5C PSP/ /SAR /02.09.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4