Appu v. The State Rep by
Case brief
What is this about?
The High Court granted anticipatory bail to petitioners accused of performing a child marriage involving a minor victim, noting the co-accused was already on bail and investigation was nearly complete, subject to strict conditions.
What did the court decide?
Anticipatory bail granted for fifteen days, subject to bond execution, daily reporting at POCSO Court, and non-tampering with evidence.
What the court decided
Crl.O.P.No.18843 of 2024
Crl.O.P.No.18843 of 2024
P.DHANABAL, J.
The petitioners, who apprehend arrest for the alleged offences under Section 5(1) & 6 of Protection of Child from Sexual Offences Act, 2012 and 9 & 10 of Prohibition of Child Marriage Act, 2006 in Cr.No.273 of 2023 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner/A-1 is the husband, petitioner/A-2 is the mother-in-law and petitioner/A-3 is the fatherin-law of the victim girl. It is alleged that the petitioners have performed child marriage to the victim girl with accused/A-1. Thereby, the Social Welfare Officer lodged a complaint against the petitioners.
3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that after the marriage of A-1 with the victim girl, accused/A-1 was absconded. He would further submit that the co-accused was also released on bail. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
Crl.O.P.No.18843 of 2024
4.The learned Government Advocate (Crl.side) submits that A-1, who said to marry the victim girl was still absconding and the petitioners herein are alleged to have performed child marriage to the victim girl. He further submitted that the investigation in this case has almost been completed and the statement under Section 164 Cr.P.C., has also been recorded from the minor victim girl and thereby, he vehemently opposed for granting anticipatory bail to the petitioner.
Issues for consideration
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in respect of offences under the POCSO Act and Prohibition of Child Marriage Act?
Parties & counsel
- petitioner
P. Dhanabal (A-1)
- petitioner
Mother-in-law (A-2)
- petitioner
Father-in-law (A-3)
- respondent
State
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court