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Madras High CourtCRL OP(MD)/9222/2023dismissed

Ganesamani v. The Inspector Of Police

2023-05-18Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL OP(MD). No.9222 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9222 of 2023 Ganesamani, ... Petitioner/Accused No.1 Vs 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.Satish.G.R., Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) 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) and 5(1)(d) of Immoral Traffic (Prevention) Act, 1956, Sections 4, 5 and 6 of Child Marriage Restraint Act and Sections 5(l) r/w 6, 13 r/w 14(1) and 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.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) would submit that this is the petitioner's second application for bail and the earlier application for bail in Crl.O.P.(MD)No.8179 of 2023 was dismissed on 28.04.2023. He would further submit that there is no change of circumstances in this case and hence, he would object for grant of bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9222 of 2023 4.Taking into consideration the fact that there is no change in circumstances, since the dismissal of the earlier petition, this Court is not inclined to grant bail to the petitioner. 5.In the result, this Criminal Original Petition is dismissed. sd/- 18/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

2 THE OFFICER INCHARGE SUB JAIL, VIRUDHUNAGAR.

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

ORDER

IN CRL OP(MD) No.9222 of 2023 Date :18/05/2023 PKP/ /SAR- /25.05.2023/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2