The court's decision is based on the principle that anticipatory bail can be granted to an accused who apprehends arrest for a non-bailable offence if the court is satisfied that the accused is not likely to commit any offence while on bail and that the accused will not abscond.

Crl.O.P.No.22967 of 2022

Crl.O.P.No.22967 of 2022

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest at the hands of the respondent

police for the alleged offence under Section 9,10 of Child marriage Act, 2006

and Section 5(1) r/w 6 of Protection of Child from Sexual Offences Act,

2012 in Crime No.14 of 2022 on the file of the respondent police, seek

anticipatory bail.

2.The first and second petitioners are parents of the victim girl and the

third and fourth petitioners are parents of A1/Annamalai. The case of the

prosecution is that the victim girl married A1/Annamalai who had illegal

intimacy with the second petitioner who is the mother of the victim girl. The

further case of the prosecution is that A1 used to consume alcohol and

harass the victim girl and ill treat her. Hence, the case is registered against

the petitioners.

3.The learned counsel appearing for the petitioners submitted that the

petitioner have not committed any offence as alleged by the prosecution.

Hence, he prays to grant anticipatory bail to the petitioner.

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4.The learned Government Advocate submitted that the A1 who is the

husband of the victim girl was always in a intoxicated mood and used to

torture the victim girl. However 164 statement has been recorded wherein

the victim girl has stated that the her mother has illegal intimacy with

A1/Annamalai, due to which they harass her. Hence, he vehemently

opposed to grant anticipatory bail to the petitioners.

.

5. Taking note of the facts and circumstances and also of the

submissions made by the learned counsel, and on considering the statement

of the victim girl under Section 164 Cr.P.C, this Court is inclined to grant

anticipatory bail to the petitioner subject to the following conditions:-

6. Accordingly, the petitioners is ordered to be released on bail in the

event of arrest or on their appearance, within a period of fifteen days from

the date of receipt of a copy of this order, before the learned Mahila

Court, Namakkal on condition that the petitioner shall execute separate

bond for a sum of Rs.10,000/- (Rupees Ten 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

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Crl.O.P.No.22967 of 2022

Magistrate concerned, failing which, the petition for anticipatory bail shall

stand dismissed and on further condition that:

(a) the petitioners should not not compel the victim girl to live with

her.

(b)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;

(c) the petitioners shall report before the respondent police every

Wednesday at 10.30 a.m. for a period of four weeks and thereafter, appear

before the trial Court on all hearing dates.

(d)the petitioners shall not tamper with evidence or witness either

during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned

Magistrate/ Trial Court is entitled to take appropriate action against the

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Crl.O.P.No.22967 of 2022

petitioners in accordance with law as if the conditions have 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;

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

under Section 229-A IPC.

02.01.2023

smn

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Crl.O.P.No.22967 of 2022

T.V.THAMILSELVI, J.

smn

Crl.O.P.No.22967 of 2022

02.01.2023

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