Madras High CourtCRL OP(MD)/790/2022dismissed

Manivel v. The Inspector Of Police

2022-01-19Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.790 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.790 of 2022 Manivel ... Petitioner/Accused No.1 Vs The state represented by The Inspector of Police, All Women Police Station, Bodi, Theni District.

Cr.No. 1 of 2022.. ... Respondent/Complainant For Petitioner : M/s.Jeyamohan.K, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the offences punishable under sections 9 & 10 of Prohibition of Child Marriage Act, 2006, in Crime No.01 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The offence against the petitioner is performing Child Marriage. A case in crime No.1 of 2022 was registered for the offence under Sections 9 and 10 of Prohibition of Child Marriage Act against the petitioner and others.

3.On the side of the petitioner, it is stated that the petitioner is A1 in the case. There was love affair between the petitioner and the victim girl. They married and now they are having four months baby to take care of. The complaint was not lodged by the victim. It was only lodged by the Social Welfare Officer. The co-accused who are the parents of the victim and the parents of the petitioner were already granted bail and prayed the petitioner to be released on anticipatory bail.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.790 of 2022 4.On the side of the prosecution, it is stated that initially the case was registered under the Child Marriage Act, but now the offence was altered into Sections 5(1), 5(j) (ii), 6, 17 of POCSO Act and 9 & 10 of Child Marriage Act. 161 statement of the victim has to be recorded and prayed the petition to be dismissed. 6.It is seen that the offences are now altered into Sections 5(1), 5(j) (ii), 6, 17 of POCSO Act and 9 & 10 of Child Marriage Act. This petition has been filed seeking anticipatory bail only for the offences under Section 9 & 10 of Child Marriage Act. In view of the change of circumstances, this criminal original petition is dismissed.

sd/- 19/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODI, THENI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.790 of 2022 Date :19/01/2022 SS/SBN/SAR-IV/04.02.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2