Thirumavalavan v. The State Rep By Its,

RMT.TEEKAA RAMAN, J.

The Petitioners, who apprehend arrest at the hands of the Respondent police for the offence punishable under Section 366 (A) of IPC altered into r/w. Sections 9 & 10 of Child Marriage Act and Sections 7 & 8 of POCSO Act, in Crime No.188 of 2023 on the file of the Respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the Petitioner kidnapped the victim girl from the Defacto Complainant's house by car and based on the complaint of the Defacto Complaint, the Respondent Police registered FIR in Cr.No.188 of 2023 against the Petitioner on 04.04.2023. 3.The learned counsel for the Petitioner would submit that the Petitioner and the victim girl have love affairs with each other. The Defacto Complainant compelled the victim girl to marry some other person. Due to which, the victim girl eloped with the Petitioners and further submit that victim girl attained majority and the Respondent police falsely implicated the Petitioners in this case.

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4.Heard the learned counsel for the Petitioner and the learned Government Advocate (Crl. Side) appearing for the Respondent Police. 5.Learned Government Advocate (Crl. Side) produced the statement recorded under Section 164 of Cr.P.C., of the victim girl. The said statement shows that the victim girl was 17 years old at the time of the alleged occurrence as well as at the time of giving deposition. On perusal of the said statement this Court expressed nothing except saying that the matter needs investigation. Hence, I am not inclined to grant Anticipatory Bail to the Petitioners. 6.Accordingly, this Petition is dismissed.

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RMT.TEEKAA RAMAN, J.

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