Sakthivel v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Sakthivel 2.Mukayi ... Petitioners / Accused Rank Not known Vs The State of Tamil Nadu Represented by the Inspector of Police, AWPS - Karur Police Station, Karur District.

(Crime No.29 of 2024) ... Respondent/Complainant For Petitioners :

Mr.RL.Dhilipan Pandian, Advocate For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 29 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police 1/5

for the alleged offences under Sections 9 of Prohibition of Child Marriage Act, 2006 and 5 (1) r/w. 6 of POCSO Act, 2012, in Crime No.29 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 11.11.2024, the petitioner (A2) married the minor girl aged about 17 years in the presence of relatives belonging to both sides. On coming to know of the same, the complaint was given by the Child Welfare Officer. There are totally 7 accused persons in this case and the petitioners have been arrayed as A2 and A3.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and considering the manner in which the entire incident had taken place and also considering the fact that A1 was already granted anticipatory bail by this Court in Crl.O.P.(MD) No.20767 of 2024 dated 28.11.2024, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioners are 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 learned Additional District Judge, Fast Track Mahila Court, Karur, Karur District, on condition that the petitioner shall execute a 2/5

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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioners shall report before the respondent Police as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners 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]. 3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. IPC.

sd/- 19/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN To 1.The Additional District Judge, Fast Track Mahila Court, Karur, Karur District.

2.The Inspector of Police, AWPS-Karur Police Station, Karur District.

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

+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-15701[I] dated 19/12/2024 )

ORDER

IN CRL OP(MD) No.21956 of 2024 Date :19/12/2024 4/5

ED/ SKN /SAR- (27/12/2024) 5P / 5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5