Mathu And Others vs State

G.K.Ilanthiraiyan, J

The petitioners/A2 & A3, who were arrested and remanded to judicial custody on 15.07.2022 for the offences punishable under Section 9, 10 of Prohibition of Child Marriage Act, 2006 and Section 5(1) and 6(6) of Protection of Child from Sexual Offences Act, 2012 in crime No.08 of 2022 on the file of the respondent police, seeks bail.

The case of the prosecution is that the 1st accused got married to the minor victim girl, aged about 16 years in the presence of their parents. Hence, the complaint.

Even according to the case of the prosecution, the victim girl had taken poison herself, immediately, she consumed soap water and vomited all the poisonous substances. Later she informed to the 1st accused, immediately he taken the victim girl to hospital for treatment.

Considering the above facts and circumstances of the case and also the period of incarceration by the petitioners from the date of their arrest i.e.15.07.2022, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail on their executing 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 learned Judicial Magistrate – Salem District, and on further conditions that:

[a] 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 1st petitioner 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 and the 2nd petitioner shall report before the respondent police as and when required for interrogation.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness 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 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.