Ayankumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). Nos.15958 and 15981 of 2022 Ayankumar

...Petitioner/Accused No.1

(in Crl.OP(MD)No.15958/2022)

1. Ayyanu

2. Murukathal

3. Annathai @ Annalakshmi

4. Pandaram

5. Velthai @ Velduraichi

6. Muthulakshmi

7. Mahesh

8. Syed Abdul Khader

9. Kalvath Beevi

10. Sikkanthar

11. Alima ... Petitioners/Accused No.2 to 12 (in Crl.O.P.(MD)No.15981/2022) Vs State rep.by The Sub Inspector of Police, Puliangudi Police Station, Tenkasi District.

In Crime No.352/2022.

... Respondent/Complainant (in both Petitions) For Petitioners : M/s.Jothi Basu M, Advocate. (in both Petitions) For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor (in both Petitions) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime No.352/2022 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 12, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 9, 10, 11 of Prohibition of Child Marriage Act, 2006 and Section 6 r/w 5(l), 5(n), 5(j)(ii) of Protection of Children from Sexual Offences Act, 2012, in Crime No.352 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant, who is the Village Welfare Officer gave a complaint before the respondent police stating that the victim girl, who is aged about 17+ years was married to one Ayankumar/A1 on 06.04.2022 and now, she is five months pregnant. 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. However, he would further submit that the petitioners shall abide any condition imposed by this Court.

4. The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the victim girl date of birth is 05.10.2004 and now, she is five months pregnant. The statement of the victim girl under Section 164 Cr.P.C was also recorded. He would further submit that the investigation is at initial stage.

5. Considering the seriousness and gravity of the offence and considering the age of the victim girl and also the fact that the investigation is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioners.

6.Accordingly, these Criminal Original Petitions are dismissed. Sd/- 16/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

CP 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 SUB INSPECTOR OF POLICE, PULIANGUDI POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD). Nos.15958 and 15981 of 2022 Date :16/09/2022 SP/VR/SAR I/30/09/2022/3P/3C