Madras High CourtCRL OP(MD)/13340/2022dismissed

Balamurugan v. The Inspector Of Police

2022-10-11Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.13340 of 2022

1. Balamurugan

2. Kalaynasundaram

3. Periyasamy ... Petitioners/Accused No.2 to 4 Vs State rep.by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District (Crime No.166 of 2022).

... Respondent/Complainant For Petitioners : M/s.Azagarsami.AK, Advocate For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.166 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 9 of the Prohibition of Child Marriage Act, 2006, in Crime No.166 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first accused married the victim, who was aged about 15 years, with the help of other accused persons. Hence, the complaint. https://www.mhc.tn.gov.in/judis

3. On the side of the petitioners, it is stated that the petitioners are innocent and they had not committed any such offence, as alleged by the prosecution. A false case has been foisted against them. The prime accused A1 was already arrested and released on bail. Hence, prays to release him on anticipatory bail.

4. On the side of prosecution, it is stated that the age of the victim was only 15 years at the time of occurrence and the first accused married her with the help of the petitioners. The investigation is not yet completed. Hence, prays to dismiss the petition.

5.Considering the serious allegations against the petitioners and the age of the victim and also considering the nascent stage of the investigation, this Court is not inclined to grant anticipatory bail to them.

6. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- 11/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.13340 of 2022 Date :11/10/2022 SP/GB/SAR I/14/10/2022/2P/3C https://www.mhc.tn.gov.in/judis