Crl.O.P.No.1113 of 2023

Crl.O.P.No.1113 of 2023

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the

respondent Police for the offences punishable under Sections 9 of the

Prohibition of Child Marriage Act, Sections 5(l), 5(j)(ii) read with

Section 6 of the POCSO Act, 2012, in Crime No.23 of 2022, seeks

anticipatory bail.

2. The case of prosecution is that on 12.06.2022 the parents of

the petitioner and the minor victim girl performed child marriage for the

petitioner with the victim minor girl and thereafter in the matrimonial

home, the girl got conceived. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted

that the petitioner is an innocent person and he has not committed any

offence as alleged by the prosecution. Hence, he prays for grant of

anticipatory bail to the petitioner.

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Crl.O.P.No.1113 of 2023

4. The learned Government Advocate (Criminal Side)

appearing for the respondent would submit that on 12.06.2022 the

parents of the petitioner and the victim minor girl performed child

marriage for the petitioner with the victim minor girl and the girl got

conceived. Hence, he vehemently opposed to grant anticipatory bail to

the petitioner.

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

submissions made by the learned counsel, this court is inclined to grant

anticipatory bail to the petitioner with certain conditions.

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

in the event of arrest or on his appearance, within a period of fifteen days

from the date on which the order copy made ready, before the learned

Mahila Court, Tiruppur on condition that the petitioner shall execute 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 respondent police or

the police officer, who intends to arrest or to the satisfaction of the

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Crl.O.P.No.1113 of 2023

learned Magistrate concerned, failing which, the petition for anticipatory

bail shall stand dismissed and on further condition that:

(a) the petitioner 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 petitioner shall report before the

respondent police station every Wednesday at 10.30 a.m.,

for a period of eight weeks and thereafter as and when

required for interrogation.

(c)the petitioner shall file an undertaking

affidavit that he will take care of his wife and child before

the concerned Magistrate.

(d) the petitioner shall not tamper with evidence

or witness either during investigation or trial;

(e)the petitioner 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 petitioner in accordance with

law as if the conditions have been imposed and the

petitioner released on bail by the learned Magistrate/Trial

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Crl.O.P.No.1113 of 2023

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;

jai

19.01.2023

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Crl.O.P.No.1113 of 2023

T.V.THAMILSELVI, J.

jai

Crl.O.P.No.1113 of 2023

19.01.2023

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