Bhuvaneshwari v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24552 of 2021 1 BHUVANESHWARI [ PETITIONER / ACCUSED ] 2 SARAVANAN 3 THANGARASU 4 LAKSHMI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMATHI VELLOE, NAMAKKAL DISTRICT.

CR.NO.5 OF 2021.

For Petitioner : M/S. B.GOPALAKRISHNAN 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 petitioner, who apprehends arrest for the alleged offence under Sections 449, 506(i) & 6 r/w 5(1) POCSO Act 2012 in Crime No.5 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that A1 forcibly committed sexual assault on her minor daughter and threatened to her not to disclose the incident to anyone. Thereafter on 28.11.2021 the accused called her daughter and threatened. Thereafter only she came to know that A1 had misbehaved and committed sexual assault on her minor daughter. So she and her sister went to the petitioners house and informed the above said fact. At the time the petitioners abused her filthy language and assaulted the defacto complainant and her sister. Hence the complaint.

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

4. The learned Additional Public Prosecutor submitted that the victim girl is aged about 15 years, she was sexually assaulted by A1, when it was questioned by the defacto complainant, who is the father of the victim, all the family members were threatened by the accused with dire consequences. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of this case, recording the submission made by the learned Additional Public Prosecutor, it needs detailed investigation, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/12/2021 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, PARAMATHI VELLOE, NAMAKKAL DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. B.GOPALAKRISHNAN Advocate on payment of necessary charges CRL OP.24552/2021 Date :16/12/2021 TA-20/12/2021 https://hcservices.ecourts.gov.in/hcservices/