Madras High CourtCRL OP/8517/2021dismissed

V.Selvaganapathi v. The State Rep.By

2021-05-12Honourable Mrs Justice S.Kannammal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of May Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice S. KANNAMMAL CRIMINAL ORIGINAL PETITION No.8517 of 2021 1 V.SELVAGANAPATHI [ PETITIONERS / ACCUSED ] 2 K.VELAYUDHAM KUNJUPILLAI 3 V.SARASWATHI Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVARUR, THIRUVARUR DISTRICT - 610 001.

CRIME NO.7 OF 2021 For Petitioner : M/S.K.THANGAMANI Advocate For Respondent : MR.T.SHUNMUGARAJESWARAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners (A1 to A3), who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 6 of the POCSO Act, in Crime No.7 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the first accused performed marriage forcibly with the minor girl, who is aged about 14 years and studying 9th standard and subjected her to sexual harrasment for three months. Hence, the complaint was registered. 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. Hence, he prays for granting anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that there are seven accused, namely, A1 to A7 in this case. The first petitioner/ A1 is the husband of the victim, the second petitioner/A2, is the mother of the victim and the third petitioner/A3 is the sister of the Victim's mother. He further submitted that there is no pregnancy reported in the medical examination of the victim girl and 164 Cr.P.C Statement has not been recorded. Hence, he vehemently opposed for granting anticipatory bail to the petitioners.

5. Taking note of the offence involved, which is serious in nature, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the Criminal Original Petition is dismissed.

-sd/- 12/05/2021 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUVARUR, THIRUVARUR DISTRICT - 610 001.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.THANGAMANI Advocate on payment of necessary charges CRL OP.8517/2021 Date :12/05/2021 MK:01/07/2021 https://hcservices.ecourts.gov.in/hcservices/