Madras High CourtCRL OP/11522/2022dismissed

Manivel v. State Rep By

2022-05-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11522 of 2022 MANIVEL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ERIYUR POLICE STATION, ERIYUR, DHARMAPURI DISTRICT.

CRIME NO.71/2022.

For Petitioner : M/S.M.R.JOTHIMANIAN Advocate For Respondent : M/S.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 offence punishable under Section 366 of I.P.C, in Crime No.71 of 2022, seeks anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that the petitioner fell in love with the victim girl, aged about 16 years and eloped with her and thereafter the petitioner had physical relationship with the victim girl. Hence the complaint.

4. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

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5. The learned Additional Public Prosecutor would submit that the victim girl's date of birth is 15.04.2006, i.e., aged about 16 years. However, he vehemently opposed to grant anticipatory bail to the petitioner.

6. On perusal of the statement recorded under Section 164 of Cr.P.C it reveals that the petitioner and the victim girl had stayed together in the same house for two days. On coming to know about the fact a complaint was lodged by the victim girl's father and thereafter the victim girl was secured.

7. Considering the facts and circumstances of the case, the petitioner had committed a very serious offence, therefore, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the Criminal Original Petition is dismissed. -sd/- 19/05/2022 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, ERIYUR POLICE STATION, ERIYUR, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.R.JOTHIMANIAN Advocate on payment of necessary charges CRL OP.11522/2022 Date :19/05/2022 RW-26/05/2022 https://hcservices.ecourts.gov.in/hcservices/