Madras High CourtCRL OP/530/2022dismissed

Periyasamy v. The State Repb By

2022-01-11Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Eleventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.530 of 2022 1 PERIYASAMY [ PETITIONERS / ACCUSED ] 2 PATTU 3 RASU @ RAJENDIRAN 4 KALIYAMOORTHY 5 DHARMAR 6 SEPPERUMAL 7 RANI 8 MARIMUTHU Vs THE STATE REPB BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT CRIME NO.34/2021 For Petitioner : M/S.M.R.ELAVARASAN Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 506(2) IPC r/w Section 5(1) and 6 of Protection of Child From Sexual Offences Act, 2012 and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, in Crime No.34 of 2021, on the file of the respondent police, seek anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

2. The case of the prosecution is that the petitioners had arranged the marriage between the first accused and the minor victim girl/defacto complainant. Further, the marriage was conducted and thereafter, the first accused along with these petitioners had harassed the victim girl and assaulted her. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged offences by the prosecution and they have been falsely implicated in this case. Hence he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners had harassed the victim girl and assaulted her. He further submitted that the investigation is at initial stage and there is serious allegation made against the petitioners. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. On perusal of the statement under Section 164 Cr.P.C., it reveals that there is serious allegation made against the petitioners and considering the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 11/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, AWPS PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.R.ELAVARASAN Advocate on payment of necessary charges CRL OP.530/2022 Date :11/01/2022 RW 27/01/2022 https://hcservices.ecourts.gov.in/hcservices/