IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Thursday, the Nineteenth day of May Two Thousand Twenty Two

PRESENT

The Hon`ble Mr Justice G.K. ILANTHIRAIYAN

CRIMINAL ORIGINAL PETITION No.11827 of 2022

1 R.MANIGANDAN [ PETITIONERS / ACCUSED ]

2 MAHESWARI

3 RAVI

4 MACHAGANDHI

Vs

THE STATE REP BY [ RESPONDENT ]

INSPECTOR OF POLICE,

KANCHEEPURAM ALL WOMEN POLICE STATION,

KANCHEEPURAM DISTRICT.

(CRIME NO.NOT KNOWN OF 2022)

For Petitioner : M/S.R.PARTHIBAN Advocate

For Respondent : MR. A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR

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

ORDER : The Court Made the following order :-

The petitioners, who apprehend arrest at the hands of the

respondent police for the alleged offence punishable under Sections

294(b) and 506(ii) of IPC in Crime No.Not known of 2022, seek

anticipatory bail.

2. The case of the prosecution is that the first petitioner

married the daughter of the second petitioner aged about only 16

years and she became pregnant. Hence, the complaint.

3. The learned Additional Public Prosecutor would submit that on

the complaint given by the defacto complaint, FIR has been registered

against the petitioners in Crime No.7 of 2022 under Sections 365,

366, 376(2)(n) of IPC and Sections 5(1), 5(j)(ii), 6 of Projection of

Child from Sexual Offences Act, 2012 and Section 9 of Prohibition of

Child Marriage Act, 2006.

4. It is seen that the first petitioner aged about 29 years and

the victim girl aged about 16 years eloped and got married.

Thereafter, they had physical relationship and due to which, the

victim girl got pregnant. Since she is a minor, their marriage is yet

to be registered. However, they are living together.

5. Considering the above facts and circumstances of the case,

this Court is inclined to grant anticipatory bail to the petitioners

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

in Crime No.7 of 2022 on the file of the respondent police registered

for the offences under Sections 365, 366, 376(2)(n) of IPC and

Sections 5(1), 5(j)(ii), 6 of Projection of Child from Sexual

Offences Act, 2012 and Section 9 of Prohibition of Child Marriage

Act, 2006.

6.

Accordingly, the petitioners are ordered to be released on

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

of fifteen days from the date on which the order copy made ready,

before the learned Judicial Magistrate Court-I, Kancheepuram on

condition that each of the petitioners shall execute a separate 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 first petitioner alone shall report before the

respondent police daily at 10.30 a.m. for a period of two weeks and

thereafter as and when required for interrogation. The other

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 petitioners in accordance with law as if the conditions have been

imposed and the petitioners released o