IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Tuesday, the Fifth day of April Two Thousand Twenty Two

PRESENT

The Hon`ble Dr Justice G. JAYACHANDRAN

CRIMINAL ORIGINAL PETITION No.7769 of 2022

1 SUSILA [ PETITIONERS / ACCUSED ]

2 SAKKARAVARTHI

Vs

THE INSPECTOR OF POLICE [ RESPONDENT ]

ALL WOMEN POLICE STATION,

JAYANKONDAM,ARIYALUR DISTRICT.

(CRIME NO.10 OF 2022)

For Petitioner : M/S. S.GIRI THARAN Advocate

For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioners, who apprehend arrest for the alleged offence

under Sections 9 of Prohibition of Child Marriage Act, 2006, 376(2)

(n) of Indian Penal Code and 5(l), 5(n), 5(j)(ii) read with sections

6 and 17 of The Protection of Children from Sexual Offences Act, 2012

in Crime No.10 of 2022, on the file of the respondent police, seeks

anticipatory bail.

2. The petitioners are parents of the victim minor girl, who

performed marriage to the victim girl with one Ragu at the instance

of the victim girl.

3. The statement of the victim girl recorded under section 164

of Cr.P.C indicates that she has loved the said Ragu and she is

three months pregnant.

4. Considering the fact that the investigation is completed and

the statement of the victim girl under section 164 Cr.P.C is also

recorded, this Court is inclined to grant anticipatory bail to the

petitioners.

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

5. Accordingly, the petitioners are ordered to be released on

bail in the event of arrest or on their appearance, within a period

of seven days from the date of receipt of a copy of this order,

before the learned Fast Track Mahila Court, Ariyalur, on condition

that the petitioners shall execute seperate bond for a sum of

Rs.25,000/-(Rupees Twenty Five Thousand Only)each, 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 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

Court concerned may obtain a copy of their Aadhar card or Bank pass

Book to ensure their identity;

(b)the petitioners shall not tamper with evidence or witness

either during investigation or trial;

(c)the petitioners shall report before the Investigating Officer

as and when required for interrogation;

(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 petitioners in accordance with law as if the conditions

has 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be

registered under Section 229-A IPC.

-sd/-

05/04/2022

This order, on being produced, be punctually observed and carried

into execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

TO

1 THE FAST TRACK MAHILA COURT,

ARIYALUR.

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

2 THE INSPECTOR OF POLICE

ALL WOMEN POLICE STATION, JAYANKONDAM,

ARIYALUR DISTRICT.

3 THE PUBLIC PROSECUTOR

HIGH COURT, MADRAS.

+1CC to M/S. S.GIRI THARAN Advocate on payment of necessary

charges SR.No.5175

CRL OP.7769/2022