MANOHARAN Vs. STATE

JUDGEMENT

(1.) The petitioner who was arrested and remanded to judicial custody on 30/10/2022 for the offences under Sec. Girl Missing and later altered into Sec. 363, 366 of IPC and under Sec. 9 of the Prohibition of Child Marriage Act, 2006 and Sec. 5(1) r/w Sec. 6 of Protection of Children from Sexual Offences Act, 2012 in Crime No.538 of 2022, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 27/10/2022, the victim girl went to school and and she did not return back to home, which constrained the defacto complainant to file the girl missing complaint. Thereafter, on investigation, the respondent police came to know that the petitioner herein took the victim girl and harassed the victim girl. Further, on receiving the statements, charges were altered.

(3.) The learned counsel for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner and the victim girl had love affair and the victim girl on her own volition went along with the petitioner. Thereafter, they got married and with her consent only they had physical relationship with them. H further submits the petitioner is ready and willing to abide by any stringent condition as imposed by this Court. He would further that the petitioner has been suffering incarceration for more than 23 days from 30/10/2022. Hence he prays for granting bail to the petitioner.