Madras High CourtCRL OP(MD)/15122/2022dismissed

Suthish v. The Inspector Of Police

2022-09-23Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.15122 of 2022

1. Suthish

2. Chandra ... Petitioners/Accused 1 & 2 Vs State rep.by The Inspector of Police, All Women Police Station, Valliyur.

(Crime No.16 of 2022).

... Respondent/Complainant For Petitioners : M/s.Ramakrishna Dass N.S.,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.16 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(1), 10 of POCSO Act, Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, in Crime No.16 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to love affair, the victim, who was aged about 16 years, eloped with the first accused and he had sexual relationship with the victim. 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. Hence, prays to release them on anticipatory bail.

4. On the side of prosecution, it is stated that the age of the victim was only 16 years at the time of occurrence and the first accused had committed aggravated sexual assault on her. 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 stage of the investigation, this Court is not inclined to grant anticipatory bail to them.

6. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- 23/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VALLIYUR.

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

ORDER

IN CRL OP(MD) No.15122 of 2022 Date :23/09/2022 https://www.mhc.tn.gov.in/judis SP/GB/SAR I/29/09/2022/2P/3C