Malaikannu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Malaikannu ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Keeranur All Women Police Station, Keeranur, Pudukkottai District.

(Crime No. 19 of 2021). ... Respondent/Complainant For Petitioner : M/s.Sundar R, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 19 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 342, 506(i) of IPC, r/w Sections 5(1) & 6(1) of the Protection of Child From Sexual Offences Act, 2012, Sections 9 & 11 of the Prohibition of Child Marriage Act, 2006, in Crime No.19 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused have arranged and performed the marriage between the first accused and the minor victim girl. On the complaint of the Child Welfare committee, the case was registered. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner has not committed any offence as 1/3

alleged by the prosecution. He would further submit that the Mahila Court has granted anticipatory bail to the co-accused in Cr.M.P.No.1084 of 2021 dated 01.12.2021.

4.The learned Government Advocate(Crl.Side) appearing for the respondent police submitted that the statement of the victim girl has been recorded under Section 164 Cr.P.C. and the major part of the investigation has been completed.

5.Considering the facts and circumstances of this case and the grant of anticipatory bail to the co-accused by the Sessions Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Mahila Court, Pudukkottai, and on his 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 learned Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 08/12/2021 / TRUE COPY / / /2021 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.

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TO 1 THE JUDGE, MAHILA COURT, PUDUKKOTTAI.

2 THE INSPECTOR OF POLICE, KEERANUR ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18463 of 2021 Date :08/12/2021 RS/PN/SAR4(22.12.2021) 3P-4C 3/3