S.ANBARASAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 2/6/2023 for the offence punishable under the caption 'Girl Missing' @ Ss. 366, 342 IPC r/w 5(1), 6 of POCSO Act and 9 and 10 of Child Marriage Act 2006 in Crime No.282 of 2023 on the file of the respondent police, seeks bail.

(2.) The learned counsel for the petitioner submitted that, petitioner is falsely implicated as accused in Crime No.282 of 2023. Petitioner is innocent. Petitioner is in judicial custody from 2/6/2023. He further submitted that petitioner was in love with the victim girl. Therefore, at the instance of her mother, this case was originally registered under the caption 'Girl Missing' and then altered into Ss. 366, 342 IPC r/w 5(1), 6 of POCSO Act and 9 and 10 of Child Marriage Act 2006. Therefore, he prays for grant of bail to the petitioner.

(3.) Learned Additional Public Prosecutor, opposed this petition, on the ground, it is case of love affair and elopement. The statement of the victim girl under Sec. 164 Cr.P.C was recorded and she did not say anything in her statement. 3.1. It is seen from the first information report that, defacto complainant namely mother of the victim girl gave a complaint, alleging that, her daughter was missing from the night of 9/5/2023. Subsequently, this case was altered under Ss. 366, 342 IPC r/w 5(1), 6 of POCSO Act and 9 and 10 of Child Marriage Act 2006. The statement of the victim girl recorded under Sec. 164 Cr.P.C shows that, when victim girl was asked about her willingness to give statement, she responded saying that, she did not want to give any statement. Thus, he prays for dismissal of this petition.