Kerala High Court
Saidalavi vs State Of Kerala on 6 July, 2012
Author: N.K.Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 6TH DAY OF JULY 2012/15TH ASHADHA 1934
Bail Appl..No. 4624 of 2012 ()
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CRIME NO.222/2012 OF TANUR POLICE STATION, MALAPPURAM DISTRICT.
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PETITIONERS/ACCUSED:
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1. SAIDALAVI, AGED 57 YEARS,
S/O.KOYAKUTTY, KUNNATH HOUSE,
OZHUR P.O., MALAPPURAM DISTRICT.
2. SAFIYA, W/O.SAIDALAVI,
AGED 45 YEARS, KUNNATH HOUSE,
OZHUR P.O., MALAPPURAM DISTRICT.
3. SIRAJ, AGED 24 YEARS,
S/O.CHERIYA BHAVA, APPAD HOUSE,
OZHUR P.O., MALAPPURAM DISTRICT.
4. CHERIYA BHAVA,
APPAD HOUSE, OZHUR P.O.,
MALAPPURAM DISTRICT.
5. AYISHA, W/O.CHERIYA BHAVA,
APPAD HOUSE, OZHUR P.O., MALAPPURAM DISTRICT.
BY ADV. SRI.U.K.DEVIDAS.
RESPONDENT/COMPLAINANT:
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STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
(CR.NO. 222 OF 2012 OF TANUR POLICE STATION).
BY PUBLIC PROSECUTOR MR.SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 06-07-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
N.K.BALAKRISHNAN, J.
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B.A.NO. 4624 OF 2012
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Dated this the 6th day of July, 2012
O R D E R
The petitioners are the accused in Crime No.222/2012 of Tanur Police Station. On 14/4/2012, a 15 year old girl, who is the daughter of the first accused, was given in marriage to the 2nd accused, who is the 3rd petitioner herein. The girl was less than 16 years as on the date of the marriage. The 2nd petitioner is the 4th accused, who is the wife of the first petitioner. The third accused is the father of the boy. The 5th accused is the mother of the boy. The offencess alleged against the petitioners are under sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006. Apprehending arrest, this petition is filed for anticipatory bail.
2. The learned counsel for the petitioners B.A.NO. 4624 OF 2012 2 submits that the petitioners are innocent and so they may be granted anticipatory bail. The petitioners, especially, the father of the girl and the father of the boy cannot pretend ignorance of the law ie, Act 6 of 2007, which came into force on 10/1/2007. It was enacted with the specific object of preventing child marriage. So far as the female is concerned, she is a child if she has not completed 18 year old. Since the boy is aged 24 years, he is not a child.
3. The parties are bound to know the law of the land and they are bound to obey the same so long as the law is in force. No exemption or exception has been provided for under the statute. The operation of the provision is not restricted to any area or community or in respect of any class of persons.
4. Section 15 of the Act makes it clear that B.A.NO. 4624 OF 2012 3 notwithstanding any thing contained in the Code of Criminal Procedure, 1973 an offence punishable under this Act shall be cognizable and non bailable. It is not disputed that the marriage had taken place as stated above and that the girl was less than 16 year.
5. Considering all the aspects, this petition is disposed of as stated below. In the event of arrest A2, A4 and A5 shall be granted bail on their executing a bond for Rs.20,000/- (Rupees Twenty Thousand only) each with two solvent sureties each each for the like amount. If not they will surrender before court within two weeks and apply for regular bail.
6. Anticipatory bail sought for by A1 and A3 is rejected. If the petitioners surrender before the B.A.NO. 4624 OF 2012 4 Investigating Officer, after interrogation the petitioners shall be produced before the Magistrate and if the petitioners apply for bail the learned Magistrate will dispose of the same in accordance with law, but after hearing the learned APP as well and also after perusal of the case diary, if so required and also after considering the facts and circumstances of the case.
Sd/-
N.K.BALAKRISHNAN, JUDGE /True copy/ P.A.To Judge DSV/-
B.A.NO. 4624 OF 2012 5