Ilavarasan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.6545 of 2019 1.Ilavarasan 2.Vediyammal ... Petitioners/Accused Vs.

The State Represented by, The Inspector of Police, Thirupalapandhal Police Station, Thirukoilur Taluk, Villupuram District.

... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in Crime No.24 of 2018 and set aside the order passed by the Judicial Magistrate in Crl.M.P.No.7150 of 2018 in Crime No.24 of 2018 on the file of Judicial Magistrate Court, Thirukoilur.

For Petitioner :

Mr.R.Pushpalatha For respondent :

Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed challenging the order dated 04.01.2019, passed in Crl.M.P.No.7150 of 2018 in Crime No.24 of 2018 on the file of the Judicial Magistrate, Thirukovilur, thereby canceling the bail granted to the petitioner.

2.It is seen that initially the case has been registered for the offences under Sections 9, 10 & 11 of the Prohibition of Child Marriage Act, 2006. Thereafter, the respondent Police altered these offences in Crime No.24 of 2018 into Section 4 of the POCSO Act, 2012 as against the petitioners. Therefore, the respondent filed a petition before the learned Judicial Magistrate, Thirukovilur to cancel the bail granted to the petitioners.

3.It is also seen that the offence has been altered into under Section 4 of the POCSO Act against the petitioners. Hence, the learned Magistrate cancelled the bail granted to the https://hcservices.ecourts.gov.in/hcservices/

petitioners.

3.Therefore, this Court does not find any illegality or infirmity in the order passed by the Court below and it warrants no interference by this Court. Now, the petitioners are absconding. Therefore, the respondent is directed to secure the petitioners/accused and thereafter, the petitioners are at liberty to move regular bail before the concerned Court. 4.With the above said direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar vv2 To 1.The Judicial Magistrate, Thirukovilur.

2.The Inspector of Police, Thirupalapandhal Police Station, Thirukoilur Taluk, Villupuram District.

+1cc to Mr.R.Pushpalatha, Advocate SR.No.28785 Crl.O.P.No.6545 of 2019 VG II(CO) GMY(12/04/2019) https://hcservices.ecourts.gov.in/hcservices/