Madras High CourtCRL OP/207/2022dismissed

Theenadhayalan v. State Rep By

2022-01-21Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty First day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.207 of 2022 THEENADHAYALAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MAYLADUTHURAI DISTRICT.

CR NO.33/2021.

For Petitioner : M/S.B.BALAMURUGAN Advocate For Respondent : M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 6 r/w 5(j) (ii) of POCSO Act, in Crime No.33 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 14.12.2021, petitioner and the victim minor girl loved each other. It is alleged that the victim girl eloped with the petitioner and had physical intercourse, due to which, she became pregnant. In the meantime, the victim girl went for medical checkup, she was referred to child welfare committee. Based on the complaint lodged by the child welfare committee, the law enforcing agency registered a case against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) submitted that the statement under Section 164 of Cr.P.C has been recorded from the victim girls and there are serious allegation made against the petitioner and the investigation is at initial stage. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. On seeing the statement given by the victim, it reveals that the petitioner threatened and many times he had sexually assaulted her and if the petitioner is released on bail he may tamper the evidence and on seeing the grave nature of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 21/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MAYLADUTHURAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.B.BALAMURUGAN Advocate on payment of necessary charges CRL OP.207/2022 Date :21/01/2022 TA-01/02/2022 https://hcservices.ecourts.gov.in/hcservices/