Madras High CourtCRL OP/16004/2022dismissed

D.Charles v. State Rep By

2022-07-28Honourable Mr Justice M.Dhandapani3 pages

M.DHANDAPANI,J.

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 petitioner with his father ran an educational trust, in which the victim girl stayed. Whereas, the petitioner and his father induced the victim girl for sexual relationship and had physical contact. Thereby, the victim girl became 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 and willing to co-operate with the DNA test. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) submits that on earlier occasion, two anticipatory bail petitions filed by the petitioner in Crl.O.P.No.12270 of 2021 and Crl.O.P.No.24080 of 2021 were dismissed by this Court. Further, this Court by its order dated 12.07.2022 directed the petitioner as well as the child and the victim girl to co-operate with the DNA test and directed the law enforcing agency to submit the result of the same before this Court today. Pursuant to which, summons were issued to the petitioner on 16.07.2022, 18.07.2022 and 20.07.2022. The law enforcing agency has filed a status report before this Court stating that the petitioner is not co-operating for conducting the DNA test and searching for the accused from 12.07.2022, till date he is not available. Hence, he vehemently opposed for granting anticipatory bail to the petitioner.

5. Recording the submission made by the learned Government Advocate, this Court, no change of circumstance is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 28.07.2022 anu

M.DHANDAPANI,J.

anu 28.07.2022