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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 06/07/2022

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL OP(MD). No.12064 of 2022

1. Selvaraj

2. Vellaiammal

3. Vijaya

4. Muniyandi

... Petitioners/Accused No.2 to 5

Vs

State rep.by

The Inspector of Police,

All Women Police Station,

Sankarankovil,

Tirunelveli.

(Crime No.8 of 2022).

... Respondent/Complainant

For Petitioners: M/s.A.Thirukumaran, Advocate.

For Respondent : Mr.P.Kottai Chamy,

Government Advocate (Crl.Side)

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

PRAYER :-

For Anticipatory Bail in Crime No. 8 of 2022 on the file of

the respondent Police.

ORDER : The Court made the following order :-

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The petitioners/Accused No.2 to 5, apprehending arrest at the

hands of the respondent police for the alleged offence punishable

under Sections 6 r/w Section 5(1), 5(n)5(j)(ii), 17 of Protection of

Children from Sexual Offences Act, 2012 and Section 9,10 of

Prohibition of Child Marriage Act, 2006, in Crime No.8 of 2022 on

the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant

was aged about 17 years. At the point of time, alleged marriage was

performed with the first accused. On 08.12.2021, that alleged

https://www.mhc.tn.gov.in/judis

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marriage was arranged by the parents of both sides. When she was

admitted in the hospital, due to pregnancy, it was found that on the

date of marriage, she was minor. Information was sent to the Social

Welfare Department. Based upon that, complaint has been registered

against the accused persons.

3. The learned counsel for the petitioners submitted that the

petitioners are innocent and they have been falsely implicated in

this case.

4. The learned Government Advocate (Crl. Side) for the

respondent police submitted that the first accused is the maternal

uncle of the victim girl. He was released on regular bail. The

statement of the victim girl was also recorded and she stated that

on her own will and in the presence of the elders, the marriage was

performed and she become pregnant.

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

considering the fact that since the first accused has been granted

regular bail and limited role has been played by the petitioners in

the above said marriage, this Court is inclined to grant

anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and

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, Tirunelveli, on condition that

the petitioners shall execute a 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 learned Magistrate concerned and the

petitioners 1 & 2 shall appear before the respondent police daily at

10.30 a.m. until further orders. The petitioners shall comply with

the condition stipulated under Section 438 Cr.P.C. Scrupulously. The

learned counsel for the petitioners would submit that the

petitioners 3 & 4 are studying in Bangalore. Considering the fact

that it is a dispute between brothers, no condition is imposed upon

the petitioners 3 & 4.

7. 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 stands

dismissed.

Sd/-

06/07/2022

/ TRUE COPY /

/ /2022

Sub-Assistant Registrar (C.S.I)

Madurai Bench of Madras High Court,