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Madras High CourtCRL OP/3288/2023dismissed

Wilson v. The State Rep By Its,

2023-02-14Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offence punishable under Section born baby female missing @ 417, 376 IPC r/w 81 Juvenile Justice Case and Protection of Children Act, 2015 in Crime No.12 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to illegal intimacy the defacto complainant gave birth to the female child, the petitioner along with other accused persons was indulged in illegal activities in selling the child. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he has not been committed any offence as alleged by the prosecution. He further submits that based on the confession of the co-accused, this petitioner name has been implicated in the FIR. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused were indulged in illegal activities of selling the child. He further submits that based on the confession of the coaccused, this petitioner name was implicated in the FIR. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Taking into consideration the facts and the submissions made by both counsel and also taking into consideration the fact that investigation is still pending and also the petitioner name was not mentioned in the FIR and there is likelihood of the petitioner indulging in activities which would be prejudicial for investigation, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 14.02.2023 (2/2) drl

T.V.THAMILSELVI, J.

drl (2/2) 14.02.2023