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2022 Supreme(Mad) 3791
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
S.Mohamed Kasim – Petitioner
Vs.
The State rep. By Inspector of Police – Respondent
Crl.OP(MD)Nos.19062 of 2021
Decided On : 11-01-2022
For Petitioner: Mr.Sankar.M
For Respondent: Mr. SS. Madhavan
The court may grant anticipatory bail based on the circumstances of the case, including the victim's statement and the consent of all parties involved.
Headnote:
CHILD MARRIAGE RESTRAINT ACT, 1929 - Anticipatory Bail - Court grants anticipatory bail to petitioners with certain conditions
Fact of the Case:
The petitioners seek anticipatory bail to avoid arrest for alleged offences under the Child Marriage Restraint Act, 1929 and the Protection of Children from Sexual Offences Act, 2012, related to the marriage of a minor victim and the birth of a child.
Finding of the Court:
The victim girl stated that she married out of her own wish and will, and the marriage was performed with the consent of all parties. The court considered the age of the child and the time elapsed since the marriage, concluding that custodial interrogation may not be required.
Issues: Apprehension of arrest for alleged offences under the Child Marriage Restraint Act, 1929 and the Protection of Children from Sexual Offences Act, 2012
Ratio Decidendi: The court granted anticipatory bail to the petitioners based on the victim's statement, the consent of all parties, and the circumstances of the case, with the condition of appearing before the concerned authorities and complying with Section 438 Cr.P.C.
Final Decision: The petitioners are ordered to be released on bail with certain conditions, including executing a bond and appearing before the respondent police daily until further orders.
ORDER
The Court made the following order:-
The petitioners, apprehending arrest at the hands of the respondent police for the alleged offences under sections 9 of CHILD MARRIAGE RESTRAINT ACT, 1929 and section 5(1) and (j)(ii) and section 6 of the Protection of Children from Sexual Offences Act, 2012, in Crime No.15 of 2021, seek anticipatory bail.
2. The case of the prosecution in that on 16/09/2020, the marriage was arranged between A1 and the victim namely Jasmine. In pursuance of the above said arrangement, the marriage was also performed. The victim girl delivered a male child, on 09/06/2021 in the Government Hospital, Tirunelveli. On the date of the alleged marriage, the victim was a minor. So based on the complaint given by the Social Welfare Officer, the above said case has been registered.
3. Seeking anticipatory bail, this petition is filed by the petitioners on the ground that the marriage between A1 namely Syed Ali and the victim girl was performed without knowing the consequence. The victim was aged about 16 years. The petitioners 1 and 2 are the parents of A1 and the 3rd petitioner is the mother of victim. Except stating that without knowing the consequence of the said marriage, they performed the same, no other ground has been stated.
4. The victim girl during the course of her evidence before the concerned Judicial Magistrate has stated that A1 is her maternal uncle and she married him out of her own wish and will. After the birth of the child, this case has been registered. Now the child is also 6 months old. From the statement of the victim, the the marriage was performed with the consent of the all the persons and even the victim has also given consent for the same. NO doubt the petitioners have to undergo trial. But considering the facts and circumstances that it is an old issue and now the child is also aged about 6 months and the marriage was performed 1-1/2 years back, the question of custodial interrogation may not be required, since it is an admitted fact.
5. Considering the above facts and circumstances of this case, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Sessions Judge, Special Court for POSCO Act Cases, Tirunelvelli and on each of them executing a 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 learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail will stand dismissed.
