Ramasamy v. The Inspector Of Police

CRL OP(MD)No.8483 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.06.2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.8483 of 2021 1.Ramasamy 2.Shanthi 3.Nadesan 4.Umamaheswari 5.Chinnathambi @ Ramasamy ... Petitioners/Accused No.2 to 6 Vs State Represented by, The Inspector of Police, All Women Police Station, Karur, Karur District.

Crime No.7 of 2021 ... Respondent/Complainant For Petitioners : Mr.A.N.Ramanathan, Advocate For Respondent : Mr.M.Muthumanikkam, Counsel for Government of TamilNadu (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no. 7 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006 in Crime No.7 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the victim girl, Mohana Priya, was born on 29.05.2006 and she is aged 16 years. The accused 2 to 6 had arranged and celebrated her marriage with the first accused on 13.06.2021 between 04.00 am to 06.00 am at Malaiyur Murugan Temple, Kodaiyur Village, Avarakkurichi. This case is registered, based on the complaint given by the Rural Welfare Officer under Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006.

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CRL OP(MD)No.8483 of 2021 3.The learned counsel for the petitioners submitted that the petitioners had not celebrated the marriage of the minor child with the first accused. On the other hand, only Puberty Function was conducted.

4.The learned Counsel for the Government of Tamil Nadu (Criminal Side) appearing for the respondent police opposed this petition on the ground that investigation is still pending. Therefore, he seeks dismissal of this petition. 5.It is seen from the materials available on record, especially, the First Information Report that the marriage of the minor child, Mohana Priya, with the first accused, namely, Vadivel, 29 years old, was conducted on 13.06.2021. First Information Report was registered only on 15.06.2021. Investigation is at initial stage. It too early to consider the anticipatory bail application filed by the petitioners favourably. Accordingly, this Criminal Original Petition is dismissed.

sd/- 29/06/2021 / 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, ALL WOMEN POLICE STATION, KARUR, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.8483 of 2021 Date :29/06/2021 mbi MS/VR/SAR-5/02.07.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2