Madras High CourtCRL OP/23186/2021dismissed

Moideen Kutty v. State Rep By

2021-12-03Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Third day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23186 of 2021 MOIDEEN KUTTY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THUDIYALUR.

COIMBATORE DISTRICT.

(CRIME NO. 13 OF 2021) For Petitioner : M/S. R.SASIKUMAR 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 petitioner, who apprehends arrest for the alleged offence under Sections 376(D) and 506(i) of IPC in Crime No.13 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant has lodged a complaint before the respondent police stating that the defacto complainant belongs to Trichy District and when the husband of the defacto complainant was looking for a job, they saw one advertisement and made a call to phone number which was mentioned in the advertisement. One Nagendran attended the call and asked the victim along with her husband to come to Annur stating that a job is available for him in the petitioner's bakery. On 05.06.2021 the defacto complainant's husband went to his job and when victim was alone in her house, the petitioner committed sexual intercourse with the defacto complainant. Hence the complaint. https://hcservices.ecourts.gov.in/hcservices/

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. Hence, he prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that there is tamper in evidence. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of this case, there is tamper in evidence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/12/2021 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 SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THUDIYALUR, COIMBATORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges CRL OP.23186/2021 Date :03/12/2021 RW 07/12/2021 https://hcservices.ecourts.gov.in/hcservices/