Geetha v. State
Case brief
What is this about?
In a bail petition under Section 438 Cr.P.C., the Madras High Court granted anticipatory bail to the petitioner, a relative of the victim, accused of forcible marriage and related offences including POCSO, subject to strict conditions including daily police reporting for two weeks.
What did the court decide?
Petitioner ordered to be released on bail if arrested, conditioned on executing a bond with sureties, appearing with police daily for two weeks, and not tampering with evidence or absconding.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.08.2020
CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.12792 of 2020
Geetha
Vs.
State rep. by The Inspector of Police, All Women Police Station, Tiruvannamalai - 606 601. ... Respondent
PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in connection with Crime No. 09 of 2020 dated 29.05.2020 on the file of the respondent police.
For Petitioner : Mr. Arun Saravanan For Respondent : Mr.K. Prabakar Additional Public Prosecutor O R D E R (The case has been heard through video conference)
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 363, 366, 376(1) and 506(1) of I.P.C. and Sections 3a, 4, 5(1), 6 and 17of the POCSO Act, 2012 and Sections 9 and 11 of Prohibition of Child Marriage Act, 2006 in Crime No.9 of 2020 on the file of the respondent police, seeks anticipatory bail.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail can be granted to the petitioner apprehending arrest for offences under IPC, POCSO Act, and Prohibition of Child Marriage Act.
Whether conditions can be imposed for the release of the petitioner including frequent court appearances.
Whether the petitioner's relative status and prior bail of a similarly placed accused merit relief.
Parties & counsel
- petitioner
Geetha
- respondent
State represented by The Inspector of Police, All Women Police Station, Tiruvannamalai
Coram
A.D. Jagadish Chandira
Case details
As recorded by the court registry
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