Madras High CourtCRL OP(MD)/8179/2023dismissed

Ganesamani v. The Inspector Of Police

2023-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.8179 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.8179 of 2023 Ganesamani ... Petitioner/A1 Vs The State rep.by The Inspector of Police, All Women Police Station, Sivakasi, Virudhunagar District.

Crime No.17 of 2022.

... Respondent/Complainant For Petitioner : M/s.Sathish.GR, Advocate.

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

PRAYER :- For Bail in Crime No. 17 of 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 20.12.2022 for the offence punishable under Sections 4(1),5(1)(d) Immoral Traffic (Prevention) Act, 1956 and section 4,5,6 of Child Marriage Restraint Act and section 5(l) r/w.6,13 r/w.14(1),15 of POCSO Act in crime No.17 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner fell in love with the minor victim girl and got married and thereafter he involved her in prostitution, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report and also the statement of the victim recorded under section 164 of Cr.P.C.

4. It is seen that petitioner fell in love with the victim girl who is aged about 16 years and thereafter he had threatened her and https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.8179 of 2023 involved her into prostitution with so many persons and earned money. A perusal of the statement recorded under section 164 of Cr.P.C also reveals the same fact. Therefore he has committed a very serious and heinous offence as against the minor victim girl, hence this Court is not inclined to grant bail to the petitioner.

5. In the result, the petition stands dismissed. sd/- 28/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR.

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

ORDER

IN CRL OP(MD) No.8179 of 2023 Date :28/04/2023 SA/SSS/SAR.2/05.05.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2