Kirubakaran v. State Rep By

Crl.OP.No.23878 of 2023 Crl.OP.No.23878 of 2023 C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 5(I), 5 (J) (II), 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, in Crime No.231 of 2023, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the victim child was just 16 years on 03.05.2023 when the petitioner had undergone the ceremony of marriage with her in a temple without any witnesses and alone with the victim child. This fact is borne out in the statement of the victim child recorded under Section 164 (5) Cr.P.C.

3.It is informed that now the victim child is in the family way for a period of five months, which would require further investigation to be done, particularly, with reference to the conduct of the DNA test with the petitioner herein and the petitioner has to be subjected to medical examination.

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Crl.OP.No.23878 of 2023 C.V.KARTHIKEYAN, J.

sli 4.In view of all these facts, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petitions stands dismissed. Consequently, connected miscellaneous petitions, if any, are also closed.

02.11.2023 sli Crl.O.P.No.23878 of 2023 2/2 https://www.mhc.tn.gov.in/judis