Manimaran, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fifth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.833 of 2019 MANIMARAN, ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.
(CRIME.NO.239/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.M.SANJAY Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 366-A of IPC and Section 6 r/w 5(1) of POCSO Act, in Cr.No.239 of 2018, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant's minor daughter said to have kidnapped by A-1 with the help of A2/the petitioner herein. Hence, the complaint. 3.The learned counsel for the petitioner would submit that a false case has been foisted against him and he had nothing to do with the alleged offence. He would further submit that already A-1 was arrested and also the victim secured.
4.The learned Government Advocate (criminal side) would submit that due to love affair between the victim/minor girl and the first accused both of them are students. After enquiry, this petitioner's name has deleted from the F.I.R.
5.On a perusal of the records and 164 statement obtained from the victim it is seen that the victim has nothing about this petitioner and considering the petitioner's future a detailed enquiry had been conducted by the respondent police and found that https://hcservices.ecourts.gov.in/hcservices/
the allegation of the petitioner was false and hence, the petitioner's named had been deleted. The main accused in this Crime has been arrested and charge sheet has been filed. Further, the petitioner is not an accused in this case.
6.In view of the above facts and the submission made by the learned Government Advocate (crl.side), this petition is closed. sd/- 25/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.S.M.SANJAY Advocate SR.No.1689 PS/JC/SAR-4/14.02.2019/2P/4C
ORDER
IN CRL OP(MD) No.833 of 2019 Date :25/01/2019 https://hcservices.ecourts.gov.in/hcservices/