Pitchaimuthu v. The Inspector of Police

CRL OP(MD). No.5546 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5546 of 2023 Pitchaimuthu ... Petitioner/Sole Accused

Vs State Rep.by The Inspector of Police, Avaniyapuram Police Station, Madurai District. Cr.No.54/2023. ... Respondent/Complainant For Petitioner : M/s N.Ananda Kumar, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.54/2023 on the file of the Respondent police. ORDER : The Court made the following order :-

The petitioner/sole accused, who apprehend arrest at the hands of the respondent Police for the offences punishable under Girl Missing @ sections 5(l) and 6 of POCSO Act and section 9 and 10 of Child Marriage Act in Crime No.54 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner eloped with the minor victim girl, married her and also committed penetrative sexual assault on the minor victim girl. Hence, the complaint.

3.Heard both side and perused the materials available on record including the First Information Report and the statement of the victim recorded under section 164 of Cr.P.C.

4.From perusal of statement of the victim recorded under section 164 of Cr.P.C, it is seen that under the pretext of love CRL OP(MD). No.5546 of 2023 affair the petitioner had committed penetrative sexual assault. Therefore the petitioner has committed very serious offence as against the minor victim girl hence this court is not inclined to grant anticipatory bail to the petitioner.

5.In the result, the petition stands dismissed. sd/- 24/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV TO 1 THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.5546 of 2023 Date :24/03/2023 RS/CG/SAR-1(29.03.2023) 2P 3C