P.Alex @ Arumugaperumal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.04.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.5662 of 2022 P.Alex @ Arumugaperumal ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, All Women Police Station, Thoothukudi District.

(Crime No.2 of 2022) ... Respondent/Complainant For Petitioner : Mr.P.Banuprasath, Advocate. For Respondent : Mr.R.Sivakumar, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.2 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 376 IPC, in Crime No.2 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant were in love and that when the defacto complainant's parents went to the pongal festival, the petitioner entered into the back side of the defacto complainant's house and raped the defacto complainant. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the victim girl, in her statement recorded under section 164 Cr.P.C., has specifically implicated the petitioner and narrated the incident as stated in the complaint.

5.Even according to the petitioner, he is aged about 20 years and the defacto complainant is aged about 25 years. 6.Considering the above facts and circumstances and also the seriousness and gravity of the offence alleged against the petitioner and also the fact that investigation is pending, this Court is not inclined to grant anticipatory bail to the petitioner. 7.In the result, this Criminal Original Petition is dismissed. Sd/- 08/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 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, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.BANUPRASATH.P. Advocate SR.No.3224

ORDER

IN CRL OP(MD) No.5662 of 2022 Date :08/04/2022 SP/PN/SAR I/18/04/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/