M. Marimuthu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21715 of 2015 M.MARIMUTHU ... PETITIONER/ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVAIKUNTAM, THOOTHUKUDI DISTRICT.

(CR.NO. 18 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.M.MOHAN GANDHI Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 28.10.2015 for the alleged offences punishable under Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and also under Section 506(ii) of the Indian Penal Code in Crime No.18 of 2015 on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the petitioner, by giving false promise that he will marry the defacto complainant, had sexual relationship with her. According to the case of the prosecution, the defacto complainant is studying 12th Standard and on 28.10.2015, she had given a false complaint.

3. The case of the petitioner is that the petitioner and defacto complainant are in love with each other and the parents of the defacto complainant did not accept the same and subsequently, there is no relationship with the defacto complainant for the past one year and the petitioner is an innocent person and he is in custody for the past 27 days.

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4. The learned Government Advocate (Criminal Side) submitted that by giving false promise, the petitioner had sexual intercourse

with the defacto complainant and she is a minor girl. He would further submit that if he is released on bail, he will tamper the witnesses.

5. Considering the gravity of the offence and also considering the fact that the defacto complainant is a minor girl, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 23/11/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE OFFICER-IN-CHARGE, DISTRICT PRISION, SRIVAIKUNDAM.

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

3 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SRIVAIKUNTAM, THOOTHUKUDI DISTRICT.

+1. CC to M/S S.M.MOHAN GANDHI Advocate SR.No.66825 akm/25.11.2015 /2p-5c/

ORDER

IN CRL OP(MD) No.21715 of 2015 Date :23/11/2015 https://hcservices.ecourts.gov.in/hcservices/