Madras High CourtCRL OP/5336/2021dismissed

S.Sankar v. State Rep By

2021-04-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.5336 & 5338 of 2021 S.SANKAR [PETITIONER / ACCUSED IN CRL.O.P.No.5336/2021] P.NAGARAJ @ BABU [PETITIONER / ACCUSED IN CRL.O.P.No.5338/2021] Vs STATE REP BY [RESPONDENT IN BOTH THE PETITIONS] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, METTUR.

CRIME NO.05 OF 2021.

For Petitioner : M/S.G.V.SRIDHARAN, Advocate [IN BOTH THE PETITIONS] For Respondent : M/S.KRITIKA KAMAL P. Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 366 and 109 of IPC in Crime No.5 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons abducted defacto complainant's minor daughter and performed marriage with A1. Hence the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners and defacto complainant's family are close relatives and that A1 Viz. P.Nagaraj @ Babu and the defacto complainant's daughter loved each other. He further submitted that on 16.02.2021, the defacto complainant's daughter eloped with A1 on her own wish and got married. Hence, he prays for grant of anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.side) appearing for the respondent police submitted that the defacto complainant's daughter is a minor and without her consent the marriage was performed. Hence, she vehemently opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the nature of offence and also that the defacto complainant's daughter is a minor and without her consent the marriage is performed, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/04/2021 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, ALL WOMEN POLICE STATION, METTUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.V.SRIDHARAN Advocate on payment of necessary charges CRL OP.5336 & 5338/2021 Date :15/04/2021 TA-29/06/2021 https://hcservices.ecourts.gov.in/hcservices/