M.Manoj @ Manojkumar v. The Inspector Of Police
CRL OP(MD). No.4101 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.4101 of 2022 M.Manoj @ Manojkumar ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Othakadai Police Station, Madurai (Crime No. 632 of 2021) ... Respondent/Complainant For Petitioner : Mr.K.Sudalaiyandi, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No. 632 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section Girl Missing @ Sections 5(1) and 6 of Protection of Child From Sexual Offences Act, 2012 in Crime No.632 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner married the victim girl, who is aged about 16 years old and he had physical relationship with her. As a consequence, the victim girl was two months pregnant. Based upon which, the present case came to be registered against the petitioner.
3.The learned counsel for the petitioner would submit that the petitioner and victim girl were in love and on her own wish, she went out of her parental home for getting married with the petitioner, but the case has been foisted against him. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.4101 of 2022 4.The learned Additional Public Prosecutor would submit that in the statement recorded under Section 164 Cr.P.C., the victim girl has implicated the petitioner and she had eloped with the petitioner and that she is now three months pregnant.
5.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is pending and also taking note of the statement under Section 164 of Cr.P.C. given by the victim girl implicating the petitioner in this case, this Court is not inclined to grant anticipatory bail to the petitioner. 5.Accordingly, this Criminal Original Petition is dismissed. sd/- 03/03/2022 / 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 OTHAKADAI POLICE STATION, MADURAI 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to Mr.S.RAJENDRAN, Advocate ( SR-1689[I] dated 03/03/2022 )
ORDER
IN CRL OP(MD) No.4101 of 2022 Date :03/03/2022 SJI MK/PN/SAR.III/11.03.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2