Abimanyu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.20888 of 2021 ABIMANYU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KADATHOOR POLICE STATION, ERODE DISTRICT (CRIME NO.280/2021) For Petitioner : M/S R.THIRUMOORTHY Advocate For Respondent : MR.A.GOKULAKRISHNAN ADDITIONAL PUBLIC PROSECUTOR 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 under Section 366 @ 5(L), 6 of Protection of Children from Sexual Offences Act in Cr.No.280 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is the sole accused, who alleged to have kidnapped the victim girl aged 16 years. Hence, the defacto complainant, mother of the victim girl lodged a complaint against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the victim came out from her parental house and insisted the petitioner to marry her but the petitioner and his parents advised to wait till major and to obtain the consent from her parents and further, the victim girl was handed over to her parents. However, the petitioner is willing to abide any condition as imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

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4.The learned Additional Public Prosecutor submitted that the petitioner is alleged to have kidnapped the victim girl and attempted to marry her and further submits that the investigation is pending in this case. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner and that the investigation is not yet completed, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed. -sd/- 09/11/2021 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 INSPECTOR OF POLICE, KADATHOOR POLICE STATION, ERODE DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.20888/2021 Date :09/11/2021 APN 17/11/2021 https://hcservices.ecourts.gov.in/hcservices/