Chellappa v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21501 of 2015 CHELLAPPA ... PETITIONER / SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT CR.No.17 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S G.KARUPPASAMY PANDIAN Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who arrayed as the sole accused, in Crime No.17 of 2015, on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 12 of Protection of Children from Sexual Offences Act 2012 and under section 506(i) IPC and hence, seeks anticipatory bail.

2.The case of the prosecution is that the accused/Petitioner took three minor girls to a place near Ramasamy Chicken shop and when he saw the de-facto complaint, he ran away from the place, leaving a twowheeler. The said two-wheeler was seized and a case was registered for the offence as referred to above.

3.The case of the Petitioner is that the Petitioner is innocent and due to ill-motive, the Petitioner has been implicated in this case and he has not committed any such offence as alleged in the First Information Report.

4.The learned Government Advocated(Crl.Side), on instructions would https://hcservices.ecourts.gov.in/hcservices/ submit that there is direct evidence for the commission of said offence and that the charges levelled against the Petitioner are grave in nature.

He would further submit that medical report is awaited and that the investigation is in progress.

5.The learned counsel for the Petitioner further submitted that the case has been registered on 24.10.2015 and the custodial interrogation of the Petitioner is not required and investigation is almost over and the statement of the victim is recorded.

6.Taking into consideration of the above fact that the medical report is awaited and that the investigation is pending, I am not inclined to grant the relief as sought for by the Petitioner and hence the Petition deserves dismissal.

7.Accordingly, the Criminal Original Petition is dismissed. sd/- 24/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.21501 of 2015 SH/NGM-SS/SAR-I:27.11.2015:2P/3C Date :24/11/2015 https://hcservices.ecourts.gov.in/hcservices/