Madras High CourtCRL OP(MD)/133/2025disposed of

Selvam v. The State Of Tamil Nadu,

2025-01-21Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Selvam ... Petitioner/Sole Accused Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Rajapalayam All Women's Police Station, Virudhunagar District.

(Cr. No. 38 of 2024).

... Respondent/Complainant For Petitioner : Mr.J.Sankarapandian, For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 38 of 2024 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 351(2) and 296(b) of BNS (hereinafter referred to as new penal code) and Sec 9(m) & 10 of POCSO Act in Crime No.38 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is said to have misbehaved with the victim girl aged about 10 years and tried to harass her. 3.When the matter came up for hearing on 07.01.2025, this Court passed the following order:

"The petitioner is directed to appear before the respondent police for enquiry on 09.01.2025 at 11.00 a.m.

2. The learned counsel for the petitioner submitted that CCTV footage which was recorded in a pendrive will also be produced before the respondent police. After recording the statement of the petitioner and going through the material, the respondent police shall instruct the learned Government Advocate.

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3. Post this case on 21.01.2025. In the meantime, the petitioner shall not be arrested."

4.Pursuant to the above order, the petitioner attended enquiry before the respondent police and also produced the CCTV footage which was recorded in a pendrive. After enquiring the petitioner, a status report has been filed before this Court and on carefully going through the status report, it is seen that the respondent police have come to a conclusion that no offence has taken place as alleged by the defacto complainant and accordingly, the investigation itself has been dropped as mistake of fact and RCS notice has also been served on the defacto complainant on 15.01.2025.

5.In the light of the above development, there is no apprehension of arrest of the petitioner and recording the status report filed before this Court, this criminal original petition is disposed of.

Sd/- 21.01.2025 // True Copy // /01 /2025 Sub-Assistant Registrar (C.S.I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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LR TO

1. The Inspector of Police, Rajapalayam All Women's Police Station, Virudhunagar District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.133 of 2025 Date :21/01/2025 ES/SKN/SAR /30.01.2025/ 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4