CRL OP(MD)/19618/2019 of Selvi Vs The Inspector of Police on 30 December 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 30/12/2019PRESENT

The Hon`ble Mrs.Justice T.KRISHNAVALLI

CRL OP(MD). No.19618 of 2019

1.Selvi

2.Murugan

3.Anbu ... Petitioners/Accused Nos. 3 to 5

Vs

The State throughThe Inspector of Police,Cumbum North Police Station, Theni District.

(In Crime No.456/2019). ... Respondent/Complainant For Petitioners: M/s.B.Arun, 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. 456/2019 on the file of theRespondent Police.

ORDER : The Court made the following order :- The petitioners/ A3 to A5 apprehend arrest at the hands of therespondent police for the alleged offences punishable under Sections9, 10 of Prohibition of Child Marriage Act, 2006, and Sections 16,17 of Protection of Child from Sexual Offence Act, 2012, in CrimeNo.456 of 2019 on the file of the respondent police and hence, seeksanticipatory bail.

2.The case of the prosecution is that on 24.12.2019, thedefacto complainant viz., Sanmiya gave a complaint regarding ChildMarriage as against the petitioners.

3.The learned counsel for the petitioners submitted that thepetitioners are innocent persons and they have not committed anyoffence as alleged by the prosecution. The petitioners and thehttps://hcservices.ecourts.gov.in/hcservices/

defacto complainant are close relatives. He further submitted thatdue to previous enmity between the petitioners and the defactocomplainant, the defacto complainant foisted a false case againstthe petitioners/A3 to A5 and A1 and A2 were already arrested andremanded to judicial custody and therefore he prays to anticipatorybail to the petitioners.

4.The learned Government Advocate (Criminal side) appearing forthe respondent submitted that on 24.12.2019, the defacto complainantviz., Sanmiya gave a complaint as against the petitioners. Hefurther submitted that the respondent police registered a case asagainst the accused persons in Crime No.456 of 2019 for the offencesunder Sections 9, 10 of Prohibition of Child Marriage Act, 2006, andSections 16, 17 of Protection of Child from Sexual Offence Act,2012. He further submitted that A1 and A2 were already arrested andremanded to judicial custody. He strongly opposed to grantanticipatory bail to the petitioners.

5.Considering the above facts and circumstances of the case andalso considering the fact that the petitioners and the defactocomplainant are close relatives and A1 & A2 were already arrestedand remanded to judicial custody, this Court is inclined to grantanticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released onbail in the event of arrest or on their appearance before thelearned Judicial Magistrate, Uthamapalayam, Theni, and on theirexecuting a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each along with two sureties each for a like sum to the satisfactionof the learned Magistrate concerned and the petitioners shall appearbefore the respondent police daily at 10.00 a.m and 5.30 p.m untilfurther orders. The petitioners shall comply with the conditionstipulated under 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.

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

TO

1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE

CUMBUM NORTH POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S. ESWARAN Advocate SR.No.26