Arul v. The Inspector Of Police

Crl.OP.No.26813 of 2022 Crl.O.P.No.26813 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 366 of IPC r/w Sections 7, 8 and 17 of POCSO Act, 2012, in Crime No.10 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons kidnapped the victim girl aged about 17 years and committed sexual assault on the victim girl. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. He would further submit that this is the third anticipatory bail petition filed by the petitioner and the petitioner is ready and willing to abide by any stringent conditions that may be imposed on him. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that the petitioner is arrayed as A1. The petitioner along with other accused kidnapped the victim girl aged about 17 years and the petitioner had committed sexual assault on the minor victim girl. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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Crl.OP.No.26813 of 2022 G.K.ILANTHIRAIYAN, J.

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5. Taking into consideration the facts and circumstances of the case, the petitioner had committed very serious and heinous offence as against the minor victim girl and the custodial interrogation of the petitioner is very much required in this case and there is no change of circumstances after the previous dismissal orders passed by this Court. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed with cost.

7. The petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit to the credit of the Tamil Nadu State Legal Services Authority, Chennai. 07.11.2022 mn Crl.O.P.No.26813 of 2022 https://www.mhc.tn.gov.in/judis