Madras High CourtCRL OP/13685/2022dismissed

E.Abirami v. The Inspector Of Police

2022-06-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13685 of 2022 E.ABIRAMI [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] TIRUPPUR NORTH ALL WOMEN POLICE STATION, TIRUPPUR DISTRICT.

CRIME NO. 13 OF 2022.

For Petitioner : M/S.G.SHANMUGAM Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 7,8 of POCSO Act and 506(i) of IPC, in Crime No.13 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had sexually misbehaved with her elder sister's minor son, who is aged about 9 years. Aggrieved, her elder sister's husband has lodged a complaint before the respondent police. Hence, the present complaint.

3. The learned counsel for the petitioner would submit that due to enmity between between her elder sister's husband and the petitioner, she has been falsely implicated in the complaint. Further, would submit that she is an innocent person and no way connected with the alleged offence. Hence he prays to grant anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor produced the statement recorded under Section 164 of the Cr.P.C., Therefore, he opposed to grant anticipatory bail to the petitioners.

5. The petitioner is none other than the victim's step mother, she had compelled the victim, who is aged about 9 years to do all kinds of sexual acts on her. The Statement recorded under Section 164 of Cr.P.C., would reveal the committed sexual assault on minor child, who is aged about 9 years.

6. Taking into consideration of the facts and circumstances of this case, custodial interrogation of the petitioner is very much required, hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 14/06/2022 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 TIRUPPUR NORTH ALL WOMEN POLICE STATION, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.SHANMUGAM Advocate on payment of necessary charges CRL OP.13685/2022 Date :14/06/2022 RW-23/06/2022 https://hcservices.ecourts.gov.in/hcservices/