K.Devaraj v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Third day of July Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.12550 of 2021 K.DEVARAJ [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMENS POLICE STATION AT POLUR, THIRUVANNAMALAI DISTRICT.
CR.NO.4/2021.
For Petitioner : M/S.THANGA VADHANABALAKRISHNAN Advocate For Respondent : MR.L.BASKARAN,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 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 for the petitioner would submit that this is the second anticipatory bail application. He would further 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 aged about 17 years and the victim girl was pregnant and the petitioner and his family members know of this facts, prevented the petitioner from marrying the victim girl. https://hcservices.ecourts.gov.in/hcservices/
Hence, he vehemently oppose to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case earlier this Court dismissed the application by an order dated 26.05.2021 and that there is no change in circumstances and also in view of 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/- 23/07/2021 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, ALL WOMENS POLICE STATION AT POLUR, THIRUVANNAMALAI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.THANGA VADHANABALAKRISHNAN Advocate on payment of necessary charges CRL OP.12550/2021 Date :23/07/2021 RVR 27/07/2021 https://hcservices.ecourts.gov.in/hcservices/