Madras High CourtCRL OP/19148/2021dismissed

Rajaponmudi v. The Inspector Of Police

2021-11-17Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventeenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.19148 of 2021 1 RAJAPONMUDI [ PETITIONERS / ACCUSED ] 2 KALYANI 3 KAVIYARASAN 4 KANNATHASAN Vs THE INSPECTOR OF POLICE [ RESPONDENT ] ALL WOMEN POLICE STATION, JEYAGONDAM POLICE STATION, ARIYALUR DISTRICT CRIME NO.31 OF 2021 For Petitioner : M/S M.PARI Advocate For Respondent : MR.N.S.SUGANTHAN, Government 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 offences punishable under Sections 5(1), 11 (v) r/w 6, 12 of POCSO Act 2012 and 376(3), 294(b), 506(ii) of IPC, in Crime No.31 of 2021, seek anticipatory bail. 2.

It is the case of the prosecution that the victim girl is alleged to have had love affair with the 1st accused. The petitioners and 1st accused are relatives. The 1st accused sexually harassed the victim girl. On coming to know about the above fact, petitioners along with other accused had attacked the victim girl and took away his photographs and threatened him not to torture the victim girl. Hence, the law enforcing agency registered a case as against the petitioner.

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3.The learned counsel for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and the 1st accused/Selvaganapathy is the main accused. Hence, he prays for anticipatory bail.

4.The learned Government Advocate would submit that the petitioners are the relative of A1 and with the help of the petitioners, A1 kidnapped the victim girl and committed sexual assault. He would further submit that the girl was secured and investigation is still pending. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and the nature of allegations against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/11/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, JEYAGONDAM POLICE STATION, ARIYALUR DISTRICT CC to M/S M.PARI Advocate on payment of necessary charges CRL OP.19148/2021 Date :17/11/2021 RW 22/11/2021 https://hcservices.ecourts.gov.in/hcservices/