Madras High CourtCRL OP/19765/2021dismissed

Veerammal v. State Rep.By

2021-11-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19765 of 2021 VEERAMMAL [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, JAYANKONDAM, ARIYALUR DISTRICT - 621 802.

CR.NO.29 OF 2021.

For Petitioner : M/S. M.KAVIKANNAN Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 366(A), 376(3), 376(2), 498 A r/w 109 IPC and 9, 10, 5(1)(j)(ii) of Child Marriage Act 2006 r/w 6, 17, Protection of Children from Sexual Offences (POCSO) Act 2012 in Crime No.29 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is the elder sister of accused/A-1, who forcibly performed marriage of the victim girl with A-1 and the victim girl forced to have sexual relationship with A-1 and become pregnant for 8 months.

Thereafter, the victim girl came to know that accused/A-1 is already a married man and getting to know that her daughter is pregnant, the mother of the victim girl lodged a complaint against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner is the elder sister accused/A-1 and she did not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence he prays for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) submitted that the petitioner forcibly performed marriage of the victim girl with her brother/A-1, who has already got married with some other women and A1 forcibly had sexual relationship with the victim girl and she become pregnant for 8 months. The statement of the victim girl has been recorded under Section 164(5) Cr.P.C. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. A perusal of the statement of the victim under Section 164(5) Cr.P.C reveals that the petitioner had forcibly performed marriage of the victim girl with A-1 and also pointed serious allegation against the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed.

-sd/- 01/11/2021 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, JAYANKONDAM, ARIYALUR DISTRICT - 621 802.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S. M.KAVIKANNAN Advocate on payment of necessary charges SR.No.12520 CRL OP.19765/2021 Date :01/11/2021 APN 16/11/2021 https://hcservices.ecourts.gov.in/hcservices/