Ajaykumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.7528 of 2020 Ajaykumar ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

(Crime.No. 93 of 2020).

... Respondent/Complainant For Petitioner : Mr.R.J.Karthick,Advocate.

For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 93 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who is arrayed as A2, apprehending arrest at the hands of the respondent Police for the offence punishable under Section 366(A) of IPC and Section 12 of POCSO Act, in Crime No.93 of 2020, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that A1 and the petitioner pressurised to consume alcohol to the victims, who are the school going female children, and committed sexual harassment on them. When it was informed to their parents, the defacto complainant and another called A1 over phone, thereafter, A1 came there and the defacto complainant assaulted A1. Hence, the crime has been registered against the petitioner and A1.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl. Side) appearing for the respondent Police.

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4. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that A1 has been arrested and released on bail by the learned Principal Sessions Judge, Tirunelveli. Hence, he prayed for grant of anticipatory bail to the petitioners.

5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that A1 and the petitioner pressurised to consume alcohol to the victims, who are the school going female children, and committed sexual harassment on them. Hence, he opposed this petition.

6.considering the facts and circumstances of the case and also considering the rival submission and gravity of offence, I am not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this criminal original petition is dismissed. sd/- 23/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, Sankarankovil Town Police Station, Tenkasi District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7528 of 2020 Date :23/07/2020 SMA/RSK/SAR-II/27/07/2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/