Saddam Ansari v. State Rep.By, The Inspector Of Police (Crime)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Saddam Ansari Petitioner(s) Vs State rep.by, The Inspector of Police (Crime) Uthukuli Police Station, Thiruppur district. Cr.No.188 of 2023.
Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioner/accused in the event of his arrest in Cr.No.188/2023 on the file of the respondent police pending investigation.
For Petitioner(s):
Mr.Ajai Kumar For Respondent(s):
Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 366 IPC, Section 5(l) and 6 of POCSO Act in Crime No.188 of 2023, on the file of the respondent Police, seeks anticipatory bail.
2.The allegation against the petitioner is that the petitioner was known to the victim in this case who was aged about 16 years and while she was alone, he met her and kidnapped her under the pretext of taking her to some other place and bringing her back. However, taken her to various places including Bangalore, Calcutta and other places and also committed penetrative sexual assault. In the mean time, the parents of the victim girl lodged a complaint and based on the complaint, the victim girl was secured and produced before her parents. Hence, the case.
3.This Court had earlier dismissed the anticipatory bail application of the petitioner in Crl OP No.3231 of 2024 vide order dated 15.02.2024 on the following reasons:
"4.It is only natural that the age is given as 20 years, as if the correct age of less than 18 years had been given, the persons who had issued that Marriage Certificate would also be standing before this Court as co-accused. The victim child
was born in the year 2007 and therefore, when the marriage allegedly took place in the year 2022, by any mathematical calculation, she could never be 20 years of age at the time of marriage. She was a minor. The respondent should therefore also include the provisions of Child Marriage Act, in this First Information Report. It is seen that, taking advantage of the fact that she hails from Bihar, the petitioner had enticed the victim child to Bihar and had committed penetrative sexual offence against her on several occasions. Therefore, the respondent had to rescue her after much efforts. 5.Taking all the factors into consideration, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed."
4.The learned counsel for the petitioner submitted that though the anticipatory bail of the petitioner dismissed by this Court as early as on 15.02.2024, after one and half years, the second anticipatory bail petition has been filed. He further submitted that the investigation has been completed and also final report has also been filed. Hence, he prayed for the grant of anticipatory bail to the petitioner.
5.The learned Government Advocate (Crl.Side) for the respondent police reported that the final report in this case has already filed and the petitioner is absconding and now the case is taken cognizance in Spl.S.C.No.81 of 2025 on
the fie of the learned Mahila Court, Thiruppur. 6.Considering the fact that the investigation in this case is concluded and the final report is also filed and the trial Court has issued only summons to the petitioner and there is no apprehension of arrest at this point of time and the petitioner is directed to appear before the concerned Court on receipt of summons.
6.With the above observations, this Criminal Original Petition is disposed of.
16-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.State rep.by, The Inspector of Police (Crime) Uthukuli Police Station, Thiruppur district. Cr.No.188 of 2023.
2.The Principle Special Court under POCSO Act, Chennai.
3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 34367 of 16-12-2025