Sathishkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18563 of 2021 1 SATHISHKUMAR [ PETITIONERS / ACCUSED ] 2 VENKATESAN 3 ELAIYAKANNI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VEPPUR POLICE STATION, CUDDALORE DISTRICT.

CR.NO.447/2021.

For Petitioner : M/S.D.ARUL Advocate For Respondent : M/S.C.E.PRATAP, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 324, 354(D) of I.P.C r/w 12 of the Protection of child from Sexual offences Act in Crime No.447 of 2021 seeks anticipatory bail. 2.The case of the prosecution is that the 1st petitioner who is the son of petitioners 2 and 3 had threatened the De-facto Complainant's grand daughter that he will marry her. When the same was questioned by her father and paternal uncle, the 1st petitioner along with other accused persons had attacked the paternal uncle due to which he sustained injuries. Hence the complaint. 3.

The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that there was a love affair between the 1st petitioner and the De-facto Complainant's grand daughter. Hence he prays for grant of anticipatory bail.

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5. The learned Government Advocate (Crl.Side) submitted that the investigation is pending in this case.

6. A perusal of the statement of the victim girl recorded u/s 164 of Cr.P.C reveals that while the victim girl was on the way to school the petitioner threatened the minor victim girl that he will marry her.

7. Considering the facts and circumstances of the case and the serious allegation levelled against the petitioners with regard to threatening the victim girl, enlarging the petitioners on anticipatory bail will not be in the interest of the victim as also the course of investigation and, therefore, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the petition seeking anticipatory bail is dismissed. -sd/- 25/10/2021 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, VEPPUR POLICE STATION, CUDDALORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.ARUL Advocate on payment of necessary charges CRL OP.18563/2021 Date :25/10/2021 TA-23/11/2021 https://hcservices.ecourts.gov.in/hcservices/