Manoj @ Manojkumar v. The Inspector of Police

CRL OP(MD). No.7345 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7345 of 2023 Manoj @ Manojkumar ... Petitioner / Sole Accused Vs The State rep by The Inspector of Police, All Women Police Station, Alangudi, Pudukottai District. (Crime No.1 of 2023.) ... Respondent / Complainant For Petitioner : M/s.Rameshkumar.D, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-For Bail in Crime No.1 of 2023 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 22.03.2023 for the offence punishable under Sections 5(i)(ii) r/w.6(1) of POCSO (amended) Act, 2019 in crime No.1 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and the victim were in love and the petitioner on the pretext of marriage had committed penetrative sexual assault on the minor victim girl hence the case.

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

¶4On perusal of the statement recorded under section 164 CRL OP(MD). No.7345 of 2023 Cr.P.C reveals the fact the petitioner on the pretext of love had committed penetrative sexual assault on the minor victim girl, due to which she became pregnant.

¶5The learned counsel for the petitioner would submit that the petitioner is ready and willing to marry the victim and he has also produced the affidavit filed by the petitioner.

¶6Since the petitioner has committed a very serious and heinous offence as against the minor victim girl, the parents of the victim does not accept for the marriage, hence this Court is not inclined to grant bail to the petitioner.

¶7In the result, the petition stands dismissed. sd/- 20/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV To

1.The Inspector of Police, All Women Police Station, Alangudi, Pudukkottai District.

2.The Officer Incharge, District Prison, Pudukkottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.7345 of 2023 Date :20/04/2023 ED/MMS/SAR-2 (25/04/2023) 2P 4C