PRABHU Vs. STATE

JUDGEMENT

(1.) The petitioner/Sole Accused, who was arrested on 21/3/2022 for the offences under Ss. 363 of IPC, Ss. 5(i), 5(j)(ii) r/w 6 of POCSO Act, 2012 in Cr.No.11 of 2022, on the file of the respondent police, seeks bail.

(2.) Itis the case of the prosecution that the respondent police after getting information from the Government Hospital, Karaikudi, registered a case against the petitioner, as if the petitioner had love affair with the defacto complainant's daughter and performed formal marriage and without her consent the petitioner had sexual relationship with her and thereafter, the victim gave birth a female child.

(3.) Thelearned counsel appearing for the petitioner would submit that it is purely love affair between the petitioner and the defacto complainant's daughter. A marriage was performed between them with the blessings of the family elders on 23/5/2021. Thereafter, a female child was born. Further, the learned counsel appearing for petitioner, which was signed in the presence of Superintendent, Thirupathur Prison and agreed to perform marriage between the petitioner and the victim, after the victim attaining the majority. He has also produced the affidavit of the parents of the petitioner. They have also assured to perform marriage between the petitioner and the victim and take care their grandchild.