Madras High CourtCRL OP/5473/2022dismissed

Tamilmani v. State Rep By

2022-03-09Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5473 of 2022 TAMILMANI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MORAPPUR POLICE STATION, DHARMAPURI DISTRICT (CRIME NO.358 OF 2021) For Petitioner : M/S J.PRADEEP Advocate For Respondent : M/S.G.V.KASTHURI, Additional public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- A case has been registered against the petitioner herein for the offences under Sections 363, 366 of IPC read with 5(1), 6(1) of POCSO Act. The petitioner is 27 years old and the victim girl is around 16 and 1/2 years old. The 164 statement of the victim girl indicates that her date of birth is 23.12.2005 and on the date of complaint, she was pursuing her 12th standard. She had consensual sexual relationship with the petitioner herein on 25.12.2021 and eloped with the petitioner herein. Thereafter, she had been secured on the complaint given by her mother to the police.

2.Considering the age of the victim girl and the age of the petitioner herein, even though it appears to be a consensual relationship, the victim girl was 16 and 1/2 years old, at the point of the alleged offence, her consent cannot be as a valid consent. The learned Additional Public Prosecutor states that investigation is completed and the final report already been filed before the Special https://hcservices.ecourts.gov.in/hcservices/

Court and the copies of the final report yet to be served on the petitioner. Considering the above fact, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition for bail is dismissed.

-sd/- 09/03/2022 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, MORAPPUR POLICE STATION, DHARMAPURI DISTRICT 2 THE SUPERINTENDENT, CENTRAL JAIL, SALEM 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S J.PRADEEP Advocate on payment of necessary charges CRL OP.5473/2022 Date :09/03/2022 JPA 18/03/2022 https://hcservices.ecourts.gov.in/hcservices/