Madhan v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12671 of 2022 MADHAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE G-3, MELMARUVATHUR ALL WOMEN POLICE STATION, CHENGALPATTU DISTRICT.
CR.NO.7 OF 2022.
For Petitioner : M/S.S.SENTHILVEL Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 363, 365, 366, 376(D), 376(2)(1) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.7 of 2022, seeks anticipatory bail.
2. There are totally five accused in this case, in which the petitioner is arrayed as A4. The case of the prosecution is that the petitioner along with other accused persons have forcibly kidnapped and rapped the victim one G.Amutha, who is mentally disordered and disabled person. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is residing at Chennai and no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that the name of the petitioner is no more found in the FIR. Hence he prays to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Additional Public Prosecutor submitted that the petitioner along with other accused persons are alleged to have committed gang rape on the victim girl, who is mentally disordered and disabled person, having only 25% of IQ. Utilizing the circumstance, the petitioner had kidnapped and committed the heinous offence. He further submitted that accused/A1 to A3 were arrested and remanded to judicial custody. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Insofar as the petitioner is concerned, he along with other accused persons have forcibly kidnapped and committed gang rape on the victim girl, who is mentally disordered and disabled person, which is of serious and heinous offence, therefore, custodial interrogation of the petitioner is very much required in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 29/06/2022 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 G-3, MELAMARUVATHUR ALL WOMEN POLICE STATION, CHENGALPATTU DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.SENTHILVEL Advocate on payment of necessary charges CRL OP.12671/2022 Date :29/06/2022 TA-07/07/2022 https://hcservices.ecourts.gov.in/hcservices/