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Madras High CourtCRL OP/5109/2022dismissed

Prabakaran @ Prabakar v. State, Represented By

2022-03-04Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5109 of 2022 PRABAKARAN @ PRABAKAR [ PETITIONER / ACCUSED ] Vs STATE, REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, SALEM DISTRICT.

(CRIME NO.92/2022) For Petitioner : M/S.LAW VISION Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) 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 offence punishable under Sections 341, 294 (b), 387 and 506 (ii) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.92 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a widow and selling rice flour. The petitioner demanded money from the defacto complainant and made sexual harassment against her and also threatened her with dire consequences stating to come and live with the petitioner. Hence, the defacto complainant gave a complaint before the respondent police.

3. The learned counsel for the petitioner has submitted that the petitioner is a Social Worker and made a complaint against persons who were dealing with PDS rice. The defacto complainant is one such offender of PDS rice, therefore to wreck vengeance, the present complaint has been lodged against him falsely. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) has submitted that the petitioner has gone to the house of the defacto complainant during late hours and the same has been recorded in the C.C.TV Footage which has furnished by the respondent police.

5. FIR Perused. This court finds that the petitioner herein claims himself as Social Worker of DYFI (Democratic Youth Federation of India) Salem West had gone to the defacto complainant's house at late hours and demanded money and threatened the defacto complainant with dire consequences, if money is not given.

6. Taking note of the fact that this Court finds that the person who claims himself as a Social Worker cannot take advantage of the same and go to the defacto complainant's house at late hours in the midnight and disturb them. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 04/03/2022 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, AMMAPET POLICE STATION, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.LAW VISION Advocate on payment of necessary charges CRL OP.5109/2022 Date :04/03/2022 TA-21/03/2022 https://hcservices.ecourts.gov.in/hcservices/