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Madras High CourtCRL OP/26241/2023dismissed

Krishnan v. The State Rep By

2023-11-17Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.OP.No.26241 of 2023 Crl.O.P.No.26241 of 2023 C.V.KARTHIKEYAN,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 376 (2) (n) IPC, 9 of Child Marriage Act, r/w 5(l), 5(j) (ii), 6 of POCSO Act, in Crime No.30 of 2023, on the file of the respondent police, seeks anticipatory bail. 2.It is stated that the petitioner is the uncle of the victim, who is a minor and the learned counsel states that the petitioner had married the victim child. But however, such marriage, as on date, is void. The victim child is also in the family way for four months. Medical examination will have to be done. DNA test will have to be conducted. All these processes are possible only when the petitioner is secured. The petitioner is the sole accused. None of the family members are shown as accused which means the petitioner seems to have taken this step of getting into relationship with the victim child aged 18 years independently.

3.In view of the seriousness of the offences, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

sli 17.11.2023 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.26241 of 2023 C.V.KARTHIKEYAN,J.

sli Crl.O.P.No.26241 of 2023 17.11.2023 2/2 https://www.mhc.tn.gov.in/judis