Sivanantham v. The Inspector Of Police

CRL OP(MD). No.19264 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19264 of 2022 Sivanantham ... Petitioner/Accused No.1 Vs The State Rep.by The Inspector of Police, Manamadurai All Women Police Station, Sivagangai District.

(Crime No.21/2022)..

... Respondent/Complainant For Petitioner : M/s.Dilip Kumar N, Advocate.

For Respondent : Mr.E. Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.21/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to Judicial Custody on 02.10.2022 for the offences punishable under sections 5(1) r/w. Section 6 and Section 17 of POCSO Act, 2012 and Sections 9 and 10 of Child Marriage Act, 2006, in Crime No.21 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had forcibly sexual intercourse with the de facto complainant, when she was a minor, and thereafter, he married her on 06.06.2019 and for that the petitioner's relatives helped him. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.19264 of 2022 as alleged by the prosecution and his names has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 02.10.2022 and seeks bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that totally 21 accused involved in this case and the petitioner herein is arrayed as A1. He would further submit that the petitioner had sexually intercourse with the de facto complainant, when she was a minor. He would further submit that the petitioner herein has already married and divorced and the 164 statement of the victim was recorded. He further contended that investigation of the case is pending and he strongly opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the gravity of offence and that the investigation of the case is pending, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal Original Petition is dismissed.

sd/- 08/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Inspector of Police, Manamadurai All Women Police Station, Sivagangai District.

2. The Officer In-Charge, Sub Jail, Ramanathapuram.

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

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-12730[I] dated 09/11/2022 )

ORDER

IN CRL OP(MD) No.19264 of 2022 Date :08/11/2022 RD/SSS/SAR-I(24/11/2022) 2P 5C https://www.mhc.tn.gov.in/judis 2/2