Madras High CourtCRL OP/9933/2022dismissed

Appaiyan @ Antony @ Prabhakaran v. State Rep By

2022-04-28Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9933 of 2022 APPAIYAN @ ANTONY @ PRABHAKARAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KARIPATTY POLICE STTAION, SALME DISTRICT CRIEM NO.54/2022 For Petitioner : M/S.R.CHAKKARAVARTHY 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 for the alleged offence under Sections 376, 354 D(2), 506(ii) and 109 of I.P.C in Crime No.938 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein, is one of the accused, wherein, minor girl has been exploited sexually.

3. The statement of the victim girl recorded under sections 164(5) Cr.P.C discloses the penetrative sexual offence committed by the petitioner and others.

4. The learned counsel for the petitioner would submit that the petitioner is a friend of A1 and he is nothing to do with the alleged offence. Since, the mother of the victim girl and A1 had some money transaction, the false complaint has been lodged against the petitioner, as if the petitioner had spoiled the minor daughter of the defacto complainant.

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5. However, on perusal of records, this Court finds that the prima facie case has been attributed against the petitioner and he is absconding. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 28/04/2022 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, KARIPATTY POLICE STTAION, SALME DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.CHAKKARAVARTHY Advocate on payment of necessary charges CRL OP.9933/2022 Date :28/04/2022 RVR 06/05/2022 https://hcservices.ecourts.gov.in/hcservices/