Dhanapal v. The Inspector Of Police

CRL OP(MD). No.10472 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.06.2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.10472 of 2022 Dhanapal ... Petitioner/Sole Accused Vs The State Rep. By, The State represented by The Inspector of Police, Arimalam Police Station, Pudukottai District.

(Crime No.70/2022).

... Respondent/Complainant For Petitioner : Mr.S.Poornachandran Advocate.

For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.70/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole Accused, against whom a case in Crime No.70 of 2022 has been registered by the respondent police under the caption for 'girl missing', seeks bail and subsequently altered to Section 363 of IPC and Section 5 (i),6 (i) of POCSO Act. 2.Reading of the 164 statement that has been recorded during the course of investigation shows that the petitioner married the victim girl without her consent and they were jointly living for some time.

3.The learned counsel appearing for the petitioner submitted that originally the petitioner and the victim girl loved each other and the complainant was making arrangement for the marriage of the victim girl with another person forcibly. That was intimated to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10472 of 2022 accused and thereafter, based upon the consent of the victim girl, the marriage was solemnized between the petitioner and the victim girl. He would further submit that the petitioner is in judicial custody from 17.05.2022.

4.Reading of the 164 Cr.P.C. statement shows that the petitioner is entitled for bail. Since most of the investigation might have been over by this time, hence, this Court is inclined to grant bail to the petitioner with certain conditions:- 5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Mahila Court, Pudukottai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 21/06/2022 / TRUE COPY / 21/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SESSIONS JUDGE, MAHILA COURT, PUDUKKOTTAI.

2. THE INSPECTOR OF POLICE, ARIMALAM POLICE STATION, PUDUKOTTAI DISTRICT.

3. THE OFFICER-INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

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

+1 CC to M/s.S.POORNACHANDRAN, Advocate ( SR-5838[I] dated 21/06/2022 )

ORDER

IN CRL OP(MD) No.10472 of 2022 Date :21/06/2022 mm USK/VR/SAR-II/21.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2