K.Sivakumar @ Jollu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI K.SIVAKUMAR @ JOLLU ... Petitioner / Sole Accused Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

(CRIME NO.1 OF 2024.) ... Respondent / Complainant For Petitioner :

M/s.D.Rajaboopathy, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.1 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- 1/4

The petitioner, who was arrested and remanded to judicial custody on 06.01.2024 for the offence punishable under Sections 5(l), 5(j)(ii) r/w. 6 of POCSO Act, 2012, in Crime No.01 of 2024, seeks bail.

2. The case of the prosecution is that the petitioner is a married man and he made a false promise to marry the victim girl and had sexual relationship with her. Hence, this complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he did not involve in such offences. The petitioner and the victim girl are relatives and they were loved each other and when the same was came to the knowledge of the victim's mother, the victim eloped with the petitioner, due to that motive, the false case has been foisted. The petitioner is in judicial custody for more than 60 days. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner is a married man. However, on suppressing the first marriage, the petitioner developed the relationship with the victim girl and had sexual relationship and due to that, the victim girl became pregnant. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstance of this case and also considering the fact that suppressing the first marriage, the petitioner developed relationship 2/4

with the victim girl and had sexual relationship with her is a heinous offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 27/02/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Inspector of Police, All Women Police Station, Virudhunagar, Virudhunagar District.

2.The Officer Incharge, District Prison, Virudhunagar, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date :27/02/2024 3/4

ED/ JGB /SAR- (13/03/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4