S.Dhanasekaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifteenth day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.8844 of 2021 S.DHANASEKARAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, W-35, ALL WOMEN POLICE STATION, TAMBARAM, CHENNAI-45 CRIME NO.11 OF 2021 For Petitioner : M/S DEVARAJ MAHESH Advocate For Respondent : THE PUBLIC PROSECUTOR 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 376 (D) of IPC read with Section 5(g),5(i) & 6 of POCSO Act in Crime No.11 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that A1 and the victim girl loved each other. Utilizing the relationship, A1 had sexual intercourse with the victim girl on many occasion. Knowing the said issue, A2 and A3, threatened the victim girl, had sexual intercourse with her on compulsion. Hence,the defacto complainant had lodged a complaint before the respondent police against the petitioner and other accused persons.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and prayed for grant of anticipatory bail.

4. The learned Government Advocate submitted that the victim is poor. Utilizing her poverty, the petitioner and other accused person, had sexual intercourse on many occasion with her on compulsion. Therefore, he opposed to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. Taking into consideration the allegations and also the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the petitioner is essential, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/06/2021 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 INSPECTOR OF POLICE, W-35, ALL WOMEN POLICE STATION, TAMBARAM, CHENNAI-45 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to DEVARAJ MAHESH Advocate on payment of necessary charges CRL OP.8844/2021 Date :15/06/2021 RVR 29/06/2021 https://hcservices.ecourts.gov.in/hcservices/