Puliyan @ Muthuraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.14923 of 2022 Puliyan @ Muthuraj ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Koodalpudur Police Station, Madurai District (Crime No.92 of 2022).
... Respondent/Complainant For Petitioner : M/s.Ramsundavijayaraj.S, 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.92 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 29.06.2022 for the offences punishable under Sections Girl Missing @ 9 of Prohibition of Child Marriage Act and 5(1) and 6 of POCSO Act, in Crime No.92 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner married the victim girl, who is aged about 17 years and he had physical relationship with her. Based upon which, the present case came to be registered against the petitioner.
3.The learned counsel for the petitioner would submit that the petitioner and the victim girl were in love and on her own wish, the petitioner married the victim girl. He would further submit that the https://www.mhc.tn.gov.in/judis
petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4.The learned Additional Public Prosecutor would submit that that the victim girl, in her statement recorded under Section 164 Cr.P.C., has implicated the petitioner and that the investigation is pending.
5.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is not yet completed as stated by the learned Additional Public Prosecutor and also taking note of the fact that the petitioner is in judicial custody from 29.06.2022, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 22/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI 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, KOODALPUDUR POLICE STATION, MADURAI DISTRICT.
2. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.RAMSUNDAVIJAYARAJ.S Advocate SR.No.8775
ORDER
IN CRL OP(MD) No.14923 of 2022 Date :22/08/2022 SP/PN/SAR II/26/08/2022/2P/5C https://www.mhc.tn.gov.in/judis