Silambarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date: 21.12.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Silambarasan ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Kadamalaikkundu Police Station, Theni District.

... Respondent/Complainant For Petitioner : Mr.S.Vikram For Respondent : Mrs.M.Aasha Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.465 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Rank not known, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 9 and 10 of Child 1/5

Marriage Act and Sections 5(1), 5(m)(ii) and 6 of POCSO Act, in Crime No.465 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the accused persons have performed child marriage due to which, the victim girl got pregnant. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. Hence, he seeks anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the accused persons have performed child marriage due to which, the victim girl got pregnant, hence, he objected to grant anticipatory bail to the petitioner.

5.Taking into consideration the principles stated by the Honourable Supreme Court in Gurubaksh Singh Sibbia Etc., vs. State of Punjab reported in 1980 AIR 1632 and Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and others reported in (2009)4 SCC 437 and Joginder Kumar vs. State of U.P. and others reported in (1994)4 SCC 260 and taking into consideration the origine of crime, it is 2/5

seen that the offence alleged as against the petitioner is not a case of heinous crime. Further the petitioner is having permanent residents at Trichy District. Hence the principles stated in Hussainara Khatoon & Ors vs. Home Secretary, State Of Bihar reported in AIR 1979 SC 1360 is taken into consideration. In that case, the Hon'ble Supreme Court has cautioned that pre-trial detention is not be encouraged nor is to be encourageable pre-trial release on sureties; that if the Court is satisfied after taking into consideration that the accused has his roots in the community and is not likely to abscond, he can safely be released on his personal bond. 6.In view of the above, this Court is inclined to grant anticipatory bail to the petitioner.

Accordingly, 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 on which the order copy made ready, before the Special Court for exclusively trial of cases under POCSO Act, Theni, Theni District, on condition that the petitioner shall execute own bond for a sum of Rs.

ensure his identity.

[b] the petitioner shall report before the trial Court on receipt of summons [c] the petitioner shall not tamper with 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 21/12/2023 / TRUE COPY / / 01/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr 4/5

TO

1. The Judge, Special Court for exclusively trial of cases under POCSO Act, Theni, Theni District, 2.The Inspector of Police, Kadamalaikudu Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to S.VIKRAM Advocate SR.No.18210

ORDER

IN CRL OP(MD) No.23155 of 2023 Date :21/12/2023 DL/VR(29.12.2023)/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5