Kartheeswari v. The Inspector Of Police
CRL OP(MD). No.19597 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19597 of 2022
1. Kartheeswari
2. Selvam ... Petitioners/Accused No.2 & 3 Vs The State Rep.by The Inspector of Police, Veeruveedu Police Station, Dindigul District.
(Crime No.193 of 2022) ... Respondent/Complainant For Petitioners : M/s.Muniyandi S, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.193 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section Girl Missing @ Sections 366 of IPC and Section 5(l), 5(n), 6, 17 of Protection of Child from Sexual Offences Act, in Crime No.193 of 2022, seek anticipatory bail.
2.The case of the prosecution is that the victim girl, who is aged about 14 years was found missing from the defacto complainant's house. Therefore, he lodged the complaint before the respondent police and the case was registered under girl missing in Crime No.193 of 2022. After enquiry, it reveals that the first accused loved with the victim girl and thereby, she voluntarily went away from her home. Subsequently, they were recovered and the statement of the victim girl was recorded.
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CRL OP(MD). No.19597 of 2022
3. The learned counsel for the petitioners would submit that the victim girl and the first accused were loved each other. When their love matter came to the knowledge of the victim girl's family, they did not accept the love with the first accused. Hence, she voluntarily went away from the parental home and they are performed their marriage. He would further submit that the first petitioner is the sister of the first accused and the second petitioner is the husband of the first petitioner and they are innocent and they have not committed any offence as alleged by the prosecution. Hence, they may be granted anticipatory bail.
4.The learned Government Advocate(crl.side) would submit that the victim is aged about 14 years. Due to love affair, the victim girl eloped with the first accused. The first accused was arrested and he is still in judicial custody. He would further submit that the investigation in this case is still pending. Hence, he strongly opposed for grant of bail.
5.Considering the nature and gravity of the offence and the age of the victim girl and also considering the strong objection raised by the prosecution and the stage of the investigation, this Court is not inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition stands dismissed.
sd/- 07/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.The Inspector of Police, Veeruveedu Police Station, Dindigul District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.19597 of 2022 Date :07/11/2022 RD/BUC/SAR-II(15/11/2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2