Mega Selvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.11.2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17199 of 2021 1.Mega Selvam 2.Panjavarnam 3.Indhirani ... Petitioners/Accused No.1 to 3 Vs The State Rep.by The Inspector of Police, All Women Police Station, Keelakarai, Ramanathapuram District.

... Respondent/Complainant For Petitioner : Mr.A.Arputharaj, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PRAYER :- For Anticipatory Bail in Crime No.12 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5(n), 5(f)(ii) r/w Section 6 of POCSO Act 2012 and Sections 9 and 10 of Child Marriage Act in Crime No.12 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner/A1 married the victim girl, who is aged about 17 years and had physical relationship with her. Hence, the complaint. 3.The learned counsel for the petitioners submit that the petitioners 2 and 3 are parents of the first petitioner, they are innocents and they have been falsely implicated in this case. He would further submit that this is the second anticipatory bail application and that the first application was dismissed as nonprosecution in Crl.O.P.(MD)No.15940 of 2021 on 12.10.2021. 4.The learned Additional Public Prosecutor appearing for the respondent police has furnished the copy of the statement recorded from the victim girl under Section 164 Cr.P.C, in which, she has stated that the first petitioner and the victim girl are neighbors, https://hcservices.ecourts.gov.in/hcservices/

that the petitioners forcibly took the victim girl and married her to A1 and that thereafter, A1 harassed the victim girl by demanding dowry and now she is residing in her parental home. He would further submit that the victim girl is aged about 17 years, that the petitioner/A1 is aged about 19 years and that the investigation is pending.

5.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is yet to be completed, this Court is not inclined to grant anticipatory bail to the petitioners at that point of time.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 12/11/2021 / 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, All Women Police Station, Keelakarai, Ramanathapuram District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.17199 of 2021 Date :12/11/2021 MGJ/JM/SAR IV(19.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/