Lenin v. The Inspector Of Police

CRL OP(MD). No.16251 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.16251 of 2021 Lenin ... Petitioner/Accused Rank No.2 Vs The State rep.by, The Inspector of Police, Pattukottai Taluk Police Station, Pattukottai, Thanjavur District.

Crime No.536 of 2021. ... Respondent/Complainant For Petitioner : Mr.V.Selvakumar, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.536 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 366 of IPC @ 5(1) 6 and 17 Protection of Children from sexual Offence (POCSO) Act 2012 and Section 9 of the prohibition of Child Marriage Act, 2006, in Crime No.536 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner (A1) along with other accused kidnapped the victim girl, who is aged about 16 years and thereafter, they have arranged and performed the marriage between the first accused and the minor victim girl. Hence the complaint.

3.Learned Counsel for the petitioner submits that the petitioner is an innocent person and also submitted that the petitioner is a close friend of the first accused, other than he has not committed any offence as alleged by the prosecution. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.16251 of 2021

4. The learned Additional Public Prosecutor appearing for the respondent opposed the bail petition on the ground that the investigation is not yet completed and 164 Cr.P.C statement of the victim is not recorded.

5. Considering the facts and the circumstances of this case, the fact that the investigation is at the initial stage and the custodial interrogation of the petitioner is essential, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 26/10/2021 / 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 PATTUKOTTAI TALUK POLICE STATION, PATTUKOTTAI, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.16251 of 2021 Date :26/10/2021 TTA MK/PN/SAR.II/29.11.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2