Madras High CourtCRL OP/14389/2021dismissed

Dhanam@Dhanasekaran v. The State Rep By

2021-08-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14389 of 2021 DHANAM @ DHANASEKARAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE W-35, ALL WOMEN POLICE STATION, TAMBARAM, CHENNAI -600 045 CRIME NO.11 OF 2021 For Petitioner : M/S.L.P.SHANMUGASUNDARAM 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 case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 376-D of IPC read with Section 5(g), 5(i) and 6 of POCSO Act in Crime No.11 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's daughter/victim girl had a love affair with A1. Utlizing the relationship, A1 had sexual intercourse with the victim girl on many occasions. Knowing the said issue, A2 and A3, threatened the victim girl, had sexual intercourse with her on compulsion. Hence, the defacto complainant has lodged a complaint before the respondent police against the petitioner and other accused persons.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he has been falsely implicated in this case and prayed for grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submits that in an earlier occasion, this Court dismissed the petitioner's earlier criminal original petition in Crl.OP.No.8844 of 2021 dated 15.06.2021and after the dismissal of the earlier applications, there is no change in circumstances.

5. Considering the fact that there is no change in circumstances after the dismissal of the earlier application, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/08/2021 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, W-35, ALL WOMEN POLICE STATION, TAMBARAM, CHENNAI-45.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.L.P.SHANMUGASUNDARAM Advocate on payment of necessary charges CRL OP.14389/2021 Date :16/08/2021 JPA 24/09/2021 https://hcservices.ecourts.gov.in/hcservices/