Madras High CourtCRL OP/14441/2022dismissed

Mohammed Basha v. State By

2022-06-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14441 of 2022 MOHAMMED BASHA [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET, RANIPET DISTRICT.

CRIME No.1 of 2022 For Petitioner : M/S.S.M.NANDHIE DEVHAN Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 5(j)(ii), 5(l), 5(n) and 6 of POCSO Act and 506(i) of IPC in Cr.No.1 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that petitioner herein forcibly had sexual intercourse with the de-facto complainant's daughter, due to which she got pregnant and delivered a child on 15.03.2022. Hence, the complaint.

3. The learned Additional Public Prosecutor submitted that the petitioner was already a married man and having three children. While being so, the petitioner had committed penetrative sexual assault on the victim girl, due to which she got pregnant and also delivered a child on 15.03.2022. He also produced the statement of the victim girl recorded under Section 164 Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/

4. The statement recorded under Section 164 of Cr.P.C. reveals that the petitioner threatened the victim girl aged about 17 years and had penetrative sexual assault. Due to which, she gave birth to a child.

5. Therefore, the petitioner have committed a very serious and heinous offence against the minor girl. Hence, this Court is not inclined to grant anticipatory bail to the petitioner and this Criminal Original Petition is dismissed.

-sd/- 23/06/2022 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, ALL WOMEN POLICE STATION, RANIPET, RANIPET DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

+1 CC to M/S.S.M.NANDHIE DEVHAN Advocate on payment of necessary charges SR.NO. 9781 CRL OP.14441/2022 Date :23/06/2022 RW-30/06/2022 https://hcservices.ecourts.gov.in/hcservices/