Pandeshawaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.04.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.5810 of 2022 Pandeeshawaran ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District (Crime No.16 of 2021).

... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.16 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 363 IPC and Section 5(L) and 6 of POCSO Act, 2012 in Crime No.16 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 20.08.2021, the defacto complainant's daughter was found missing and hence, she lodged a complaint before the respondent police and thereafter, the victim girl was returned and gave a statement under Section 164 Cr.P.C., and on that basis, the respondent police registered the present case against the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel for the petitioner would submit that the petitioner and the victim girl were in love and the petitioner is

innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor would submit that in the statement recorded under Section 164 Cr.P.C., the victim girl has implicated the petitioner. He would further submit that the victim girl was aged about 15 years at the time of occurrence and that the investigation is pending.

5.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is pending as stated by the learned Additional Public Prosecutor and also taking note of the age of the victim girl, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 19/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.5810 of 2022 Date :19/04/2022 SP/JM/SAR IV/25/04/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/