D.Charles v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12270 of 2021 D.CHARLES [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS, MAMALLAPURAM POLICE STATION, CHENGALPATTU DISTRICT.

CRIME NO.01 OF 2021 For Petitioner : M/S M.PALANIMUTHU Advocate For Respondent : MR.A.GOPINATH, 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 for the alleged offence under Sections 376 & 317 IPC in Cr.No.01 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the father of the petitioner ran an educational trust, where the victim girl stayed. The petitioner and his father induced the victim girl and had sexual relationship, which led to the victim girl becoming pregnant and delivered a male child and thereafter, petitioner with other accused person threatened the victim girl. Hence, the law enforcing agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. He further submits that he is ready to face the enquiry conducted by the law enforcing agency. Hence, he prays to grant anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl side) submits that initially, this case was repeatedly adjourned for the purpose of conducting DNA test to the petitioner but the petitioner had absconded. Hence, he vehemently opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the life of the victim was spoiled by the petitioner and now, there is no one to take care of the victim girl and the baby and further the parentage of the child requires to be established through DNA test and that the petitioner is absconding, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/09/2021 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, AWPS, MAMALLAPURAM POLICE STATION, CHENGALPATTU DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.PALANIMUTHU Advocate on payment of necessary charges CRL OP.12270/2021 Date :15/09/2021 JPA 05/10/2021 https://hcservices.ecourts.gov.in/hcservices/