Mariswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17831 of 2015 MARISWARAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION SIVAKASI, VIRUDHUNAGAR DISTRICT.

(CRIME NO.14 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.BALAJI Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the sole accused in Crime No.14 of 2015 for the offences punishable under Sections 366(A) IPC and Sections 7 and 8 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006, on the file of the respondent Police, was arrested and remanded to judicial custody on 22.08.2015. He seeks bail. 2.According to the prosecution, the daughter of the de facto complainant, who is aged about 17 years, was kidnapped by the accused on 19.08.2015 and against her will the petitioner / accused married her. 3.The learned counsel for the petitioner submitted that the de facto complainant's daughter and the petitioner was working in the same company and they loved each other, which is also known to the de facto complainant.

While so, she arranged for marriage with some other person and therefore, the victim left her parents and joined with the petitioner / accused and thereafter, the petitioner has handed over the alleged victim to the de facto complainant and later a false complaint has been given against the petitioner.

4.The learned Government Advocate (Crl.side) submitted that it is a case of love affairs and the alleged victim is 17 1/2 years and the accused had married the victim against the will of the de facto complainant on 19.08.2015. It is further submitted that the alleged victim is secured and now she is with her mother. https://hcservices.ecourts.gov.in/hcservices/ 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent.

6.Considering the facts and circumstances, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Court, Mahalir Neethi Mandram (Fast Track Mahila Court), Srivilliputhur, and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders.

sd/- 15/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE SESSIONS COURT MAHALIR NEETHI MANDAM (FAST TRACK MAHILA COURT) SIRVILLIPUTHUR 2 THE OFFICERS INCHARGE DISTRICT PRISON VIRUDHUNAGAR DISTRICT 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION SIVAKASI, VIRUDHUNAGAR DISTRICT.

(CRIME NO.14 OF 2015) 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S A.BALAJI Advocate SR.No.54246.

ORDER

IN CRL OP(MD) No.17831 of 2015 Date :15/09/2015 AM/15.09.2015/GSV.PM/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/