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Madras High CourtCRL OP/17698/2023dismissed

Gokulraj @Gokul v. The State Rep By

2023-08-08Honourable Mr Justice Rmt. Teekaa Raman3 pages

RMT.TEEKAA RAMAN,J.

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 342, 354D, 354A, 354 of IPC r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022 in Crime No.279 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and another waylaid the defacto complainant, who is a widow aged 27 years and misbehaved by holding the hands of the defacto complainant. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and in no way connected with the case and he has been falsely implicated in this case. Therefore, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner and other accused A1, on the date of occurrence, waylaid the defacto complainant and sexually assaulted her 1/3

by holding her hand and breast in a public place. He further submitted that A1, being a Juvenile, has been released and this petitioner/A2 is absconding and investigation is in the preliminary stage. Therefore, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side) and perused the materials available on record.

6. This Court has taken note of the strong objection of the learned Government Advocate (Crl. Side) that in the public place the petitioner is alleged to have misbehaved with the defacto complainant and the investigation is in a preliminary stage, Further, though, A1 is said to have been released on bail, it appears that he is Juvenile and hence, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. 08.08.2023 ars RMT.TEEKAA RAMAN,J.

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