Madras High CourtCRL OP/6357/2023dismissed

Sarath v. The State By

2023-08-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.O.P.No. 6357 of 2023 G.K.ILANTHIRAIYAN, J.

This is the fourth bail petition filed by the petitioner/A1, who was arrested and remanded to judicial custody on 16.05.2021 for the offence punishable under Section 6 and 17 of POCSO Act and Sections 9 and 10 of Child Marriage Restraint Act 1929 along with under Section 324 and 506(ii) of IPC in Spl.S.C.No.176 of 2022 on the file of the Special Court for exclusive Trial of POCSO Act, Chennai, seeks bail.

2. The case of the prosecution is that the defacto complainant is a minor girl aged about 17 years. The petitioner got married the victim girl on 07.05.2021 at Periyapalayam Mariyamman Koil and thereafter started matrimonial life at his residence. Thereafter, he assaulted her brutally. Hence, the case.

3. It is seen that though the victim girl is aged about 17 years, she fell in love with the petitioner and got marriage in the temple. Thereafter, they lived together for 15 days. Due to quarrel between the petitioner and the victim girl, she left the petitioner's house and went to her parents' house. Now, the petitioner is ready and willing to live with the victim girl. Therefore, this Court directed the respondent to produce the victim girl on 02.08.2023. Accordingly, today i.e., on 02.08.2023, the

victim girl is present and deposed that the petitioner had compelled to live with him and he got marriage in the temple. No one was witnessed to their marriage. After some days, the petitioner attacked the victim girl with weapon, as a result, the victim sustained body injuries. Now, the victim is not ready and willing to live with the petitioner and she is willing to proceed with the case, since she was cheated by him under the pretext of marriage.

4. Therefore, the petitioner had committed very serious and heinous offence as against the minor victim girl and as such, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

02.08.2023 Lpp G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.6357 of 2023 02.08.2023