Sundar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.13096 of 2017 SUNDAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVERUMBUR,TRICHY DISTRICT, CRIME NO. 09/2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : Mr.T.MOHAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 506(i) IPC and Sections 5(1) and 6 of POCSO Act on the file of the respondent Police, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 3.The learned counsel for the petitioner submitted that the petitioner and the victim girl are lovers and he has not committed any offence as stated by the respondent police and he is innocent person.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner herein is the sole accused in this case and earlier anticipatory bail application moved by the petitioner in Crl.O.P.(MD) No.9453 of 2017 was dismissed by this Court as per the order dated 19.04.2017 and investigation is still pending. The accused is still absconding. Sufficient steps are taken to secure the accused. The victim is aged 17 years old. Medical report as well as Section 164 Cr.P.C statement of the victim girl proves the fact that the victim girl was subjected to physical contact on several occasion.

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5.Considering the facts and circumstances of the case and taking note of the gravity of charge levelled against the petitioner herein, who is the sole accused in this case and also taking note of the fact that medical records and Section 164 Cr.P.C. Statement proves that the victim was subjected to physical contact on several occasions by the petitioner herein and there is no change of circumstance after the date of dismissal of earlier application, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed. sd/- 26/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVERUMBUR,TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.13096 of 2017 Date :26/10/2017 MV:PM-PN:SAR2:31/10/2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/