Eswaran v. The Inspector Of Police

CRL OP(MD). No.11983 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.11983 of 2021 1.Eswaran 2.Lakshmi ... Petitioners/Accused Nos.5 &6 vs The State rep.by, The Inspector of Police All Woman Police Station, Srivaikundam, Thoothukudi District.

In Crime No.12 of 2021. ... Respondent/Complainant For Petitioners : Mr.G.Radhakrishnan, Advocate. For Respondent : Mr.T.Senthilkumar Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.12 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A5 & A6 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, in Crime No.12 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the petitioners, taking advantage of the plight of the minor victim girl, who is aged about 17 years, have forcibly arranged the marriage with one Rajalingam, who is also an accused in this case and who is aged about 27 years. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they did not commit any offence as alleged by the prosecution, but they have been falsely implicated in this case.

4.The learned Additional Public Prosecutor would submit that the petitioners and other accused have arranged the marriage for the victim minor girl. He further submitted that a statement under Section 164 Cr.P.C was recorded from the victim girl, wherein she https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11983 of 2021 has clearly stated about the marriage. Since the investigation is yet to be completed, the learned Additional Public Prosecutor prays for dismissal.

5.Considering the nature of allegation levelled against the petitioners and the statement recorded from the victim girl under Section 164 Cr.P.C, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

sd/- 13/09/2021 / 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, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11983 of 2021 Date :13/09/2021 MSA MK/JM/SAR.I/05.10.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2