Sakthivel v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11425 of 2022 SAKTHIVEL [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, AWPS-DENKANIKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.
CRIME NO.8 OF 2022.
For Petitioner : M/S.S.NAMBIRAJAN Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 363, 366 of IPC and Sections 5(1) r/w 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act, in Crime No.8 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner forced the victim minor girl to marry him. After marriage, the petitioner had physical relationship with the victim. Thereafter, the petitioner left the victim in lurch. Since the victim girl is minor, their marriage was not registered before any registering authority. Utilizing the circumstances, the petitioner left her alone and have committed very serious and heinous offence against the minor victim.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Additional Public Prosecutor submits that the investigation is not yet completed and if the petitioner is granted anticipatory bail, there is a possibility that he will tamper the witnesses and hamper the investigation and hence he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case that the petitioner have committed very serious and heinous offence against the minor victim, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 18/05/2022 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-DENKANIKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.NAMBIRAJAN Advocate on payment of necessary charges CRL OP.11425/2022 Date :18/05/2022 JPA 23/05/2022 https://hcservices.ecourts.gov.in/hcservices/