Madhavan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Third day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13483 of 2021 MADHAVAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.

(CRIME NO.244/2021) For Petitioner : M/S T.BILAL HUSHAIN 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 at the hands of the respondent police for the alleged offences punishable under Sections 376, 506(2) R/w 34 of IPC, in Crime No.244 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. Totally, there are three accused persons involved in this crime and the petitioner is arrayed as A3. The case of the prosecution is that the victim girl is a mentally disorder person, the 1st accused in this case had sexually assaulted her and recorded the entire occurrence through video, whereby, she got pregnant, thereafter, the video was shared with some others. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that based on the confession of A1, he was implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate would submit that victim girl is a mentally disorder person, the 1st accused in this case had sexually assaulted and recorded the entire occurrence through video, whereby, she got pregnant, thereafter the video was shared with some others. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

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5. Taking into consideration the facts and circumstances of the case and also the fact that the petitioner has involved in very serious offence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/08/2021 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, MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S T.BILAL HUSHAIN Advocate on payment of necessary charges SR.NO.8085 CRL OP.13483/2021 Date :03/08/2021 INBA 10/08/2021 https://hcservices.ecourts.gov.in/hcservices/