Jeyaprakash v. The Inspector Of Police

CRL OP(MD). No.4885 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.4885 of 2023 Jeyaprakash ... Petitioner/Sole Accused Vs The Inspector of Police, All Women Police Station Kodaikanal Dindigul District.

Crime No. 3/2023.

... Respondent/Complainant For Petitioner : M/s.K.Appadurai, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 3 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 5(l)(j)(ii) and 6 of POCSO Act in Crime No.3 of 2023 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner on the false promise of marrying the victim girl had committed penetrative sexual assault on her due to which she became pregnant and thereafter refused to marry her. Hence, the complaint.

3. Heard both side and perused the materials available on record including the First Information Report and the statement of the victim recorded under section 164 of Cr.P.C. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.4885 of 2023

4. From perusal of statement of the victim recorded under section 164 of Cr.P.C, it is seen that the victim girl got pregnant and later it was aborted inorder to continue her studies. The petitioner on the assurance of marriage had committed penetrative sexual assault on the minor victim girl who is aged about 19 years. Therefore the petitioner has committed very serious offence against the minor victim girl hence this court is not inclined to grant anticipatory bail to the petitioner.

5. Hence the petition stands dismissed.

sd/- 15/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

aav TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION KODAIKANAL DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.4885 of 2023 Date :15/03/2023 RK/BUC/SAR-1(21/03/2023) 2P/3C https://www.mhc.tn.gov.in/judis 2/2