Madras High CourtCRL OP/6498/2021dismissed

Madhavan v. State Rep.By

2021-03-31Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirty First day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.6498 of 2021 MADHAVAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, THIRUVARUR DISTRICT.

CR.NO.244 OF 2021.

For Petitioner : M/S.T.BILAL HUSHAIN Advocate For Respondent : M/S.S.KARTHIKEYAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The case has been heard through video conference The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 376, 506(2) R/w 34 of IPC, in Crime No.244 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. Totally, there are three accused persons involved in this crime and the petitioner is arrayed as A3. The case of the prosecution is that the victim girl is a mentally disorder person, the 1st accused in this case had sexually assaulted and recorded the entire occurrence through video, whereby, she got pregnant, thereafter, the video was shared with some others. 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. He would further submit that based on the confession of A1, he was implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that victim girl is a mentally disorder person, the 1st accused in this case had sexually assaulted and recorded the entire occurrence through video, whereby, she got pregnant, thereafter the video was shared with some others. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also the fact that the petitioner has involved in very serious offence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 31/03/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, THIRUVARUR DISTRICT.

CC to M/S.T.BILAL HUSHAIN Advocate on payment of necessary charges SR.NO.4361 CRL OP.6498/2021 Date :31/03/2021 rvr 16/04/2021 https://hcservices.ecourts.gov.in/hcservices/