Madras High CourtCRL OP/24148/2021dismissed

John Johnsara v. State Rep By

2021-12-13Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24148 of 2021 JOHN JOHNSARA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, HOSUR, KRISHNAGIRI DISTRICT.

CRIME NO.22/2021 For Petitioner : M/S.R.C.PAUL KANAGARAJ Advocate For Respondent : M/S. A.GOKULAKRISHNAN, Additional Public Prosecutor 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 alleged offence under Sections 7 & 8 of POCSO act in Crime No.22 of 20201 on the file of the respondent seeks anticipatory bail.

3. The case of the prosecution is that the petitioner is working as a male nurse in the "Anantha Ashramam" Hospital for the past 30 years. It is alleged that the petitioner sexually harassed a 10 year old victim child. Hence, the complainant.

4. The learned counsel for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution. Hence, he seeks for grant of anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl. Side) would submit that the victim girl aged about 10 years at the time of occurrence. He further submits that statement u/s 164 Cr.P.C. has been recorded from the victim girl. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

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6. The perusal of the statement of the victim recorded in the 164 Cr.P.C reveals that the victim has made categorical allegations against the petitioner to the effect that sexual acts were perpetrated by the petitioner.

7. In view of the said statement of the victim, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the same is dismissed.

-sd/- 13/12/2021 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, HOSUR, KRISHNAGIRI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.C.PAUL KANAGARAJ Advocate on payment of necessary charges CRL OP.24148/2021 Date :13/12/2021 cs 22/12/2021 https://hcservices.ecourts.gov.in/hcservices/