Madras High CourtCRL OP/25706/2021dismissed

Moideen Kutty v. State Rep By

2022-01-03Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Third day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25706 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, Govt. 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 the gang of persons were involved, if he released on bail he is absconding. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of this case, the gang of persons were involved, as per 164 statement there is grave nature, if he released on bail he is absconding, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/01/2022 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.25706/2021 Date :03/01/2022 JPA 06/01/2022 https://hcservices.ecourts.gov.in/hcservices/