Enothkumar v. State Rep By Inspector Of Police

Crl.O.P.No. 16069 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 498(A) of IPC and Section 4 of Dowry Prohibition Act and Sections 5(1), 5(n), 6 of Protection of Children from sexual offences Act 2012 and Sections 9 & 10 of Prohibition of Child Marriage Act 2006 in Crime No.7 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on the pretext of marriage, the petitioner had physical relationship with the victim girl, aged about 16 years. Subsequently, he got married to the victim girl. Both lived together in the matrimonial home. Thereafter, the petitioner, the parents of the petitioner, his sister and her husband joined together and harassed the victim girl by demanding dowry to the tune of Rs.20,00,000/-. On refusal, she was driven out from the matrimonial home. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the 1/4

petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the co-accused were granted anticipatory bail by this Court in Crl.O.P.Nos.15433 & 15434 of 2022 by an order dated 05.07.2022.

4. The learned Additional Public Prosecutor produced the statement recorded under Section 164 Cr.P.C. A perusal of the statement reveals that the victim girl is aged about 16 years. Though she fell in love with the petitioner, on the pretext of marriage, he committed penetrative sexual assault on her. Subsequently, he got married to the victim girl. Thereafter, in the matrimonial home, the petitioner and his family members had tortured the victim girl demanding dowry for a huge amount of Rs.20,00,000/-. Due to which, the petitioner herein locked the victim in the room and tortured to the core. Thereafter, all the accused had driven out the victim from the matrimonial home.

5. Considering the nature of the allegation against the petitioner, the submissions made on either side and that in view of the serious offence 2/4

committed by the petitioner as against the minor victim girl, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 12.07.2022 Lpp G.K.ILANTHIRAIYAN, J.

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