Madras High CourtCRL OP/9536/2021dismissed

K.Devaraj v. The State Represented By

2021-05-26Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.05.2021

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.9536 of 2021 K. Devaraj ... Petitioner Vs.

The State rep.by ... Respondent The Inspector of Police, All Women's Police Station at Polur, Thiruvannamalai District.

Crime No.4 of 2021 Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.4 of 2021 on the file of the respondent police. For Petitioner : Mr.Thangavadhana Balakrishnan For Respondent : Mr.A.Damodaran, Government Advocate, Criminal Side

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 363 & 366(A) of I.P.C., Sections 5(j) (ii), 5(i), 6, 17 of the Protection of Children from Sexual Offences Act in Crime No.4 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner's son namely, Govindasamy, has kidnapped the victim girl, who is aged about 15 years and has committed sexual assault on her. Hence, a case was registered against the petitioner.

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 to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit A1, who is the son of the petitioner, has kidnapped the victim girl, who is aged about 17 years and the investigation is still pending. Hence, he vehemently oppose to grant anticipatory bail to the petitioner.

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5. Considering the fact that the victim girl is aged about 17 years and the offence is grave in nature, this Court is not inclined to grant anticipatory bail to the petitioner and accordingly, this Criminal Original Petition stands dismissed.

-sd/- 26/05/2021 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 WOMENS POLICE STATION AT POLUR, THIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.THANGAVADHANABALAKRISHNAN Advocate on payment of necessary charges CRL OP.9536/2021 Date :26/05/2021 TA-28/06/2021 https://hcservices.ecourts.gov.in/hcservices/