Madras High CourtCRL OP/20433/2021dismissed

A.Xavier v. State Rep By

2021-11-02Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20433 of 2021 A.XAVIER [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] SUB INSPECTOR OF POLICE, JAMUNAMARATHUR POLICE STATION, THIRUVANNAMALAI DISTRICT For Petitioner : M/S K.VENKAT Advocate For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence u/s. 366(A) of IPC 1860, in Crime No.538 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that petitioner is A3. It is alleged that A1 is the Christian Father. He went to the Victim girl village for taking tuition. At that time A1 induced the victim girl as if he is going to marry the victim girl and kidnapped her on 24.10.2020 and had sexual relationship with her thereby threatened her with dire consequences. It is further alleged that A1 gave Rs.20,000/- to the petitioner and thereby committed a murder of the victim girl.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that the petitioner given Rs.20,000/- to A1 and thereby committed a murder of the victim girl. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

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5. Considering the allegation level against the petitioner and also considering the nature of offence committed by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 02/11/2021 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 SUB INSPECTOR OF POLICE, JAMUNAMARATHUR POLICE STATION, THIRUVANNAMALAI DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S K.VENKAT Advocate on payment of necessary charges CRL OP.20433/2021 Date :02/11/2021 RVR 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/