Sabarimuthu Ganesh v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.17755 of 2022 Sabarimuthu Ganesh ... Petitioner/Sole Accused Vs State rep.by The Sub Inspector of Police, All Woment Police Station, Manamadurai, Sivagangai District.

(Crime No.19 of 2022).

... Respondent/Complainant For Petitioner : M/s.Muthumalai K, Advocate.

For Respondent : Mr.B. Nambi Selvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.19 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 5(1), 5 j(ii) r/w. Section 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act, in Crime No.19 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner on promising to marry the victim girl had sexual intercourse with her, before attaining the age of majority and subsequently, she gave a birth to child on 13.08.2022 and now, she is under the custody of petitioner. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that now the victim is under the custody of the petitioner and seek anticipatory bail. 4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that it is a case of child marriage and the investigation of the case is pending.

5. On perusal of the FIR it reveals that it is a child marriage and now, both the victim and the accused are living together. It is also seen that the victim girl gave a birth to child there is no chance of absconding and hence, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Special Judge, (Special Court of POCSO Act Cases), Sivagangai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall report before the respondent police once in a week i.e., on every Saturday at 10.30 a.m., for a period of six weeks and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the 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]. Sd/- 06/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP

TO

1. THE SPECIAL JUDGE, (SPECIAL COURT OF POCSO ACT CASES), SIVAGANGAI.

2. THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.MUTHUMALAI K Advocate SR.No.10946

ORDER

IN CRL OP(MD) No.17755 of 2022 Date :06/10/2022 SP/GB/SAR /10/10/2022/3P/5C