Dinesh v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM

¶1Dinesh

¶2Selvam

¶3Chinnathambi ... Petitioners/Accused No.1 to 3

Vs The State represented by The Inspector of Police, All Women Police Station, Musiri, Trichy District. (Crime No.28 of 2023) ... Respondent/Complainant For Petitioner : M/s.Arunraj K.

Advocate. For Respondent : Mr.RMS.Sethuraman,

Additional Public Prosecutor

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No. 28/2023 on the file of the Respondent police. ORDER : The Court made the following order :-

The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, in Crime No.28 of 2023, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner herein has involved in child marriage with the help of other accused. Hence the case.

3.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent police.

4.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

5.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, Musiri, 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 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 petitioners shall report before the trial Court on issuance of summons. [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 on bail CRLeOP(MD).eNo.17768eofe2023 byotheolearnedoMagistrate/TrialoCourtohimselfoasolaidodownobyotheoHon'bleoSupreme CourtoinoP.K.Shajiovs.oStateoofoKeralao[(2005)AIRoSCWo5560]. [f]oIfotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregisteredounder Sectiono229AoIPC. oooooooooooooooooooooooooooo oooooooooooooooooooooosd/- ooooooooooooooooooooooooooooooooooo ooooo05/10/2023 oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo ooooooooooooooo/10/2023 ooooooooooooooooooooooooooo ooooooooooooSub-AssistantoRegistraro(C.S.ooo) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo ooooooooMaduraio-o625o023.oo CMR TO 1oooTHEoJUDICIALoMAGISTRATE, MUSIRI. 2oooDOoTHROUGHoTHEoCHIEFoJUDICIALoMAGISTRATE, TIRUCHIRAPPALLIoDISTRICT. 3oooTHEoINSPECTORoOFoPOLICE ALLoWOMENoPOLICEoSTATION,oMUSIRI,o TRICHYoDISTRICT. 4oooTHEoADDITIONALoPUBLICoPROSECUTOR, ooo MADURAIoBENCHoOFoMADRASoHIGHoCOURT, ooo MADURAI.o +1 CC to M/s.K.ARUNRAJ, Advocate ( SR-14695[I] dated 05/10/2023 ) ORDER IN CRL OP(MD) No.17768 of 2023 Date :05/10/2023 SS/VRS/10/10/2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023