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Madras High CourtCRL OP/30005/2024dismissed

M Dhanasekar v. The State Of Tamil Nadu

2024-12-02Honourable Mr Justice A.D.Jagadish Chandira3 pages

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5(1), 6 of Protection of Child from Sexual Offences Act, 2012 and Sections 9 & 11 of Prohibition of Child Marriage Act, 2016 in Crime No. 13 of 2024, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant /District Child Welfare Officer is that the minor victim was given marriage to the 1st accused against her will by her mother and her mother's friend. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offences alleged. He would submit that the girl's mother has informed the petitioner that the victim is aged 18 years and believing the same, he married the victim and apart from that the petitioner has not committed any offence. He would further submit that A2 & A3 were already arrested and released on bail. 4.The learned Additional Public Prosecutor while opposing the grant of anticipatory bail would submit that the investigation is pending and the 1/3

victim has given a statement stating that she had been compelled by her father and her mother's friend to marry the petitioner. 5.In view of the fact that the investigation is pending and the fact that this is the third application for anticipatory bail, with the previous petitions having been dismissed and no change in circumstances, this Court is inclined to dismiss the Criminal Original Petition. This Criminal Original Petition is accordingly, dismissed.

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A.D.JAGADISH CHANDIRA, J.

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