CRL OP(MD)/19621/2019 of Chillampayi Vs The Inspector of Police on 30 December 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 30/12/2019

PRESENT

The Hon`ble Mrs.Justice T.KRISHNAVALLI

CRL OP(MD). No.19621 of 2019

1.CHILLAMPAYI

2.VELLAICHAMY

3.VELLAIYAMMAL ... PETITIONERS/ACCUSED NOS.2 TO 4

VS

STATE REP. BYTHE INSPECTOR OF POLICE,ALL WOMEN POLICE STATION,THIRUMAYAM, PUDUKKOTTAI DISTRICT, (CRIME NO.7 OF 2019). ... RESPONDENT/COMPLAINANT

For Petitioners: M/s E.Balasubramanian, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :-

For Anticipatory Bail in Crime No.7 of 2019 on the file of theRespondent Police.

ORDER : The Court made the following order :- The petitioners/ A2 to A4 apprehend arrest at the hands of therespondent police for the alleged offences punishable under sections5 (1) r/w 6, 17 of POCSO Act and Section 9 of Child Marriage Act, inCrime No.7 of 2019 on the file of the respondent police and hence,seeks anticipatory bail.

2.The case of the prosecution is that A1 had love affair withthe defacto complainant, who is aged about 15 years and got married.Subsequently, she got pregnant and after getting a statement fromhttps://hcservices.ecourts.gov.in/hcservices/the defacto complainant, respondent police registered a case as against the accused persons in Crime No.7 of 2019 for the offencesunder Sections 5 (1) r/w 6, 17 of POCSO Act and Section 9 of ChildMarriage Act.

3.The learned counsel for the petitioner submitted that thepetitioners are innocent persons and they have not committed anyoffence as alleged by the prosecution. Only after getting consent ofthe defacto complainant, marriage was performed between A1 and thedefacto complainant. He further submitted that A1/husband of thedefacto complainant was already arrested and remanded to judicialcustody on 09.12.2019. The petitioners/A2 to A4 are onlyin-laws of the defacto complainant and therefore he prays toanticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal side) appearing forthe respondent submitted that A1 had love affair with the defactocomplainant, who is aged about 15 years and got married.Subsequently, she got pregnant and after getting a statement fromthe defacto complainant, respondent police registered a case asagainst the accused persons in Crime No.7 of 2019 for the offencesunder Sections 5 (1) r/w 6, 17 of POCSO Act and Section 9 of ChildMarriage Act and hence, he strongly opposed to grant anticipatorybail to the petitioner.

5.Considering the above facts and circumstances of the case andalso considering the fact that the petitioners are only in-laws andA1 was already arrested and remanded to judicial custody, this Courtis inclined to grant anticipatory bail to the petitioners withcertain conditions.

6.Accordingly, the petitioners are ordered to be released onbail in the event of arrest or on their appearance before thelearned Additional Mahila Court, Pudukottai, and on his executing abond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each alongwith two sureties each for a like sum to the satisfaction of thelearned Magistrate concerned and the petitioners shall appear beforethe respondent police daily at 10.00 a.m and 5.30 p.m until furtherorders. The petitioners shall comply with the condition stipulatedunder Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready, failing which, the petition for anticipatory bail standsdismissed.

sd/-

https://hcservices.ecourts.gov.in/hcservices/

TO

1 THE JUDGE, ADDITIONAL MAHILA COURT, PUDUKOTTAI.

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

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

+1 CC to M/s.E.BALASUBRAMANIAN, Advocate ( SR-23[I] dated 02/01/2020)