Allowed

Mohan v. State Rep. by

Madras HC10 Dec 2024CRL OP/30744/2024

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the petitioners, who appear in a case regarding an attempt to marry a minor girl, punishable under the Prohibition of Child Marriage Act, 2006. The petitioners pleaded they conducted the marriage post-majority. The order released them on bail with strict conditions and a monetary bond.

What did the court decide?

Grant of anticipatory bail with conditions to execute a bond of Rs. 15,000, report daily for one week, verify identity, and not tamper with evidence or abscond.

Mohan Vs State Rep. by — Child Sexual Offences (POCSO) | Madras HC (2024)

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Crl.O.P.No.30744 of 2024

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Crl.O.P.No.30744 of 2024

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A.D.JAGADISH CHANDIRA, J.

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Apprehending arrest in connection with Crime No.13 of 2021, registered for the offences punishable under Section 10 of the Prohibition of Child Marriage Act, 2006, the present petition has been filed seeking anticipatory bail.

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2.The case of the prosecution is that accused attempted to perform child marriage of their daughter. Hence, the case.

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3.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this court. He would further submit that after attaining majority the victim girl/petitioner's daughter fell in love with one Balaji and the petitioners herein conducted the marriage and reception at Balaji Palace Marriage Hall, Chrompet on 25.05.2023. They are ready to abide by any stringent condition that may may be imposed by this Court.

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4.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioners attempted to perform the https://www.mhc.tn.gov.in/judis Page 1 of 5

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Crl.O.P.No.30744 of 2024

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marriage of their minor daughter. After attaining the majority their daughter fell in love with one Balaji and the petitioners herein performed the marriage and

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reception at Balaji Palace Marriage Hall, Chrompet on 25.05.2023.

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5.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before

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the learned Mahila Court, Chengalpattu, on condition that the petitioners

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shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen thousand only),

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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:

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[a] the petitioners and the sureties shall affix their

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photographs and Left Thumb Impression in the surety

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bond and the Magistrate may obtain a copy of his

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Aadhar Card or Bank pass Book to ensure their identity;

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[b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter as and when required;

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

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

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[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

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[(2005)AIR SCW 5560];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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10.12.2024

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Crl.O.P.No.30744 of 2024

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A.D.JAGADISH CHANDIRA, J.

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Crl.O.P.No.30744 of 2024

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Crl.O.P.No.30744 of 2024

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10.12.2024

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Mohan v. State Rep. by

Case brief

What is this about?

What did the court decide?

Mohan v. State Rep. by

Case brief

What is this about?

What did the court decide?

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