Vishnu v. The Inspector Of Police

CRL OP(MD). No.7228 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.7228 of 2021 Vishnu ... Petitioner/Accused(Single) Vs State Rep.by The Inspector of Police, Samayanallur Police Station Madurai City.

Crime No.162 of 2021 ... Respondent/Complainant For Petitioner : Mr.M.Pitchai Muthu, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.162/2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 04.05.2021 for the offences punishable under Sections Girl Missing @ Section 366 of IPC and Sections 5(l), 6 r/w.8 of POCSO Act in Crime No.162 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein kidnapped the minor victim girl and on false promise of marrying her had sexual intercourse with her several times and thereafter refused to marry her. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner and the victim are close relatives and now the victim also attained majority on 08.05.2021. He would also submit that now both the families are trying to settle the dispute and ready to perform marriage of the petitioner with the victim. He would further submit that 164 Cr.P.C statement of the victim is also recorded. He would also submit that https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.7228 of 2021 the petitioner is in judicial custody from 04.05.2021, hence he may be granted bail.

4.The learned Government Advocate(Crl.Side) would submit that victim is aged about 17 years and the petitioner is aged about 19 years. He would also submit that the investigation is still pending, 164 Cr.P.C statement and medical examination report not yet received, hence he opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also the fact that the investigation is still pending and also the fact that the 164 Cr.P.C statement and medical examination report not yet received, this Court is not inclined to grant bail to the petitioner at this stage.

6. Hence the petition stands dismissed.

sd/- 04/06/2021 / TRUE COPY / / /2021 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, SAMAYANALLUR POLICE STATION MADURAI CITY.

2 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.7228 of 2021 Date :04/06/2021 AAV MS/PN/SAR-1/09.06.2021/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2