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Madras High CourtCRL OP(MD)/18433/2021dismissed

Shek Mydeen v. The Inspector Of Police

2021-11-24Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.18433 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18433 of 2021 Shek Mydeen

...Petitioner/Sole Accused

Vs State Rep by, The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli - 625 002.

Crime No. 15 of 2021).

... Respondent/Complainant For Petitioner : Mr.M.Sankar,Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.15 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 28.10.2021 for the offence punishable under Sections 9 of Child Marriage Restraint Act 1929 and Section 5(1)and (j)(ii) and Section 6 of Protection of Children from Sexual Offences Act, 2012, in Crime No.15 of 2021, on the file respondent police, seeks bail.

2.The specific case of the prosecution is that the petitioner is aged about 26 years and the victim girl is aged about 14 years. The learned Additional Public Prosecutor would further submit that in the statement recorded under Section 164 of Cr.P.C., the victim girl specifically stated that the marriage between herself and the petitioner was conducted in Jamath and that she is having a six months old baby.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.18433 of 2021 3.Considering the above facts and the seriousness and gravity of the offences alleged and also the fact that the investigation is not yet completed, this Court is not inclined to grant bail to the petitioner.

4.Accordingly, this Criminal Original Petition is dismissed. sd/- 24/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn 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, PALAYAMKOTTAI, TIRUNELVELI-625 002.

2 THE SUPERINTEDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.18433 of 2021 Date :24/11/2021 MK/PN/SAR-2/03.12.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2