Ayyappan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the First day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.11256 of 2021 AYYAPPAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ULUNDURPET POLICE STATION, KALLAKURUCHI DISTRICT.

CRIME NO.84 OF 2021.

For Petitioner : M/S D.DAYALAN Advocate For Respondent : M/S.C.E.PRATAP, 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 at the hands of the respondent police for the alleged offence under Sections 366(A) of IPC subsequently altered into Section 366(A) of IPC and Section 4 of Protection of Child from Sexual Offences Act, 2012 in Cr.No.84 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is alleged to have kidnapped the defacto complainant's minor daughter. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. The learned counsel further submitted that the petitioner and defacto complainant's daughter are lovers and on her own volition the victim girl went along with the petitioner to Bangalore and further submitted that the petitioner is ready and willing to marry the victim girl.

4.The learned Government Advocate (Criminal Side) submitted that investigation reveals that the petitioner had threatened the victim girl that if she does not come along with him to Bangalore, he will kill her uncle's son aged about 5 years and hence she went along with him to Bangalore and further submitted that in Bangalore, the petitioner, gave juice to the victim girl and in her inability state, https://hcservices.ecourts.gov.in/hcservices/

had sexual relationship with her and thereafter left her in Ulundurpet Bus Stand.

5.Considering the fact that the petitioner took the defacto complainant's minor daughter to Bangalore without her consent and the gravity of the offence committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is dismissed. -sd/- 01/07/2021 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, ULUNDURPET POLICE STATION, KALLAKURUCHI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S D.DAYALAN Advocate on payment of necessary charges SR.NO.7040 CRL OP.11256/2021 Date :01/07/2021 TA-12/07/2021 https://hcservices.ecourts.gov.in/hcservices/