Madras High CourtCRL OP(MD)/10739/2016dismissed

Deepa v. The Inspector Of Police

2016-07-15Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10739 of 2016 DEEPA ... PETITIONER/ACCUSED NO.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUZHITHURAI,KANYAKUMARI DISTRICT, CR NO. 15/2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.VENKATESAN Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 506(2) of IPC r/w. 8.9(n), 10 and 17 of Protection of Child from Sexual Offences Act, 2012 in Crime No.15 of 2016, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner eloped the victim with her husband by pushing her inside the house and husband had sexually assaulted her. The victim escaped from the place of occurrence. The petitioner and her husband threatened to kill the victim if she informed the others about the occurrence. The defacto complainant and grand parents on enquiring the victim found out the occurrence and gave a complaint. On complaint, a case has been registered against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner and her husband having property dispute with the defacto complainant and in view of the fact that the defacto complainant given a false complaint without enquiry. He further submitted that the petitioner's husband has already arrested and he is in judicial custody. He further submitted that the petitioner and her husband are innocent and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) submitted that the petitioner's husband sexually assaulted the victim and the petitioner abetted the same. Both the petitioner and her husband threatened to kill the victim, if she reveals the same to anybody. https://hcservices.ecourts.gov.in/hcservices/

The victim also gave statement under Section 164 of Cr.P.C about the incident and the investigation of the case is pending and the medical report is awaited.

5. Considering the facts and circumstances of the case and also considering the fact that the medical report is awaited and that A1 has already been arrested and still in custody, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. sd/- 15/07/2016 / 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, KUZHITHURAI, KANYAKUMARI DISTRICT.

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

SMN2/TRP JA-SKS-RR/SAR.I/25.7.2016/2P:3C ORDER IN CRL OP(MD) No.10739 of 2016 Date :15/07/2016 https://hcservices.ecourts.gov.in/hcservices/