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Madras High CourtCRL OP/21116/2020dismissed

Sivakumar v. The Inspector Of Police,

2021-02-19Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.21116 of 2020 Sivakumar .. Petitioner Vs.

The State represented by .. Respondent Inspector of Police, All Women Police Station, Denkanikottai, Krishnagiri District.

(Crime No.11 of 2020) Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.11 of 2020 pending trial on the file of the respondent.

For Petitioner : Mr.N.Ranjith Vijayalan For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner is A1. Apprehending arrest at the hands of the respondent police for the alleged offence under Sections5(1) and 6 of the POCSO Act and Sections10 and 11 of Prohibition of Child Marriage Act, 2006, in Crime No.11 of 2020 on the file of the respondent police, the petitioner seeks anticipatory bail.

2. The case of the prosecution is that the petitioner married a minor girl and subsequently deserted her and demanded dowry. Hence, the respondent police registered a case against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent vehemently oppose this petition. He stated that the accused married a minor girl and deserted her. He would further submit that https://hcservices.ecourts.gov.in/hcservices/

there are every chances of the petitioner getting absconded and thereby, derailing the progress of investigation.

5. Taking into consideration the gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. This Criminal Original Petition stands dismissed accordingly.

-sd/- 19/02/2021 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 JUDICIAL MAGISTRATE, DENKANIKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE, KRISHNAGIRI [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DENKANIKOTTAI, KRISHNAGIRI DISTRICT.

CC to M/S. N.RANJITH VIJAYALAN Advocate on payment of necessary charges CRL OP.21116/2020 Date :19/02/2021 EP-04/03/2021 https://hcservices.ecourts.gov.in/hcservices/