Jesuraj v. The Inspector Of Police

CRL OP(MD). No.6503 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.6503 of 2022 Jesuraj, ... Petitioner/Accused No.1 Vs THE STATE REP BY, The Inspector of Police, All Women Police Station, Vilathikulam, Thoothukudi District.

(Crime No.3/2022).

... Respondent/Complainant For Petitioner : MR.M.Pandian, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.3/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 24.02.2022 for the offences punishable under Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006 and Sections 5 (j)(ii), 5(i) r/w 6 and 16 of POCSO Act, 2012 in Crime No.3 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner married the victim girl, who is aged about 15 years old and he had physical relationship with her. As a consequence, the victim girl was five 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 is innocent and he has been falsely implicated in this case.

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CRL OP(MD). No.6503 of 2022 4.The learned Additional Public Prosecutor would submit that the victim girl was aged about 13 years at the time of occurrence. He would further submit that the investigation is pending. 5.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is pending as stated by the learned Additional Public Prosecutor and also taking note of the fact that the victim girl was aged about 13 years at the time of occurrence, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 08/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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, VILATHIKULAM, THOOTHUKUDI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL JAIL, PALAYANKOTTAI.

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

ORDER

IN CRL OP(MD) No.6503 of 2022 Date :08/04/2022 PKP/SVR/SAR-1/20.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2