Annamalai v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.12493 of 2021 IN CRL OP.9762/2021 ANNAMALAI [ PETITIONER/ACCUSED ] Vs STATE REP BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, KADATHUR POLICE STATION, (CRIME NO.260/2021) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to relax the condition that the petitioner shall report before the respondent police daily at 10.30am until further orders imposed in Crl.O.P.19752/2021 dated 25.10.2021.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.R.BALACHANDERAN, Advocate for the Petitioner and of MR.A.GOKULAKRISHNAN Additional Public Prosecutor on behalf of the Respondent the court made the following order:- The petitioners who were arrested on 05.09.2021 and remanded to judicial custody for the offences under Sections 366 of IPC r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012, on the file of the respondent police, seek bail.
2. The case of the prosecution is that A4 along with other accused had performed the marriage of the victim minor girl, who is aged about 17 years with A1 and taking advantage of the same, A1 had committed sexual assault on the victim girl.
3. The learned counsel for the petitioners submits that A1 is ready to take of the victim girl but the minor girl refused to go with him.
4. The grandmother, maternal aunt of the victim girl as well as A1/husband and husband's uncle have appeared before this Court along with their counsel.
5. The grandmother of the victim girl also submits that A1 is ready to take the girl to his home but the victim girl has refused.
6. Considering the tender age of the victim girl, who has no parents, this Court is of the view that she should be taken care of by elder persons in the family. Hence, the grandmother of the victim is advised to take her custody by filing appropriate petition. In the event of filing such a petition, the trial Court is directed to consider the same on merits.
7. Considering the fact that the investigation has been completed, the condition imposed on the petitioner is relaxed. However, the petitioner shall appear before the Town Police Station, Erode District, on the first Tuesday of every month. -sd/- 02/12/2021 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 SESSIONS JUDGE, MAGALIR NEEDHI MANDRAM(FAST TRACK MAHILA COURT), ERODE.
2 THE INSPECTOR OF POLICE, KADATHUR POLICE STATION, 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE OFFICER INCHARGE, THE TOWN POLICE STATION, C.C. to M/S.R.BALACHANDERAN Advocate on payment of necessary charges Order in CRL MP.12493/2021 in CRL OP.9762/2021 Date :02/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 09/12/2021