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Madras High CourtCRL OP(MD)/7554/2022dismissed

Murugavvel v. The Inspector Of Police

2022-04-25Honourable Mr Justice K.Murali Shankar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.7554 of 2022 Murugavvel ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, All Women Police Station, Thiruvaiyaru, Thanjavur District.

(Crime.No.1/2022).

... Respondent/Complainant For Petitioner : M/s.Indrachithu.T., Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2022 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 Sections 5(1)(6) of POCSO Act r/w Sections 493, 470 and 506(i) of IPC, in Crime No.1 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner by giving false promise to marry the de-facto complainant, had committed physical relationship with her and thereafter, refused to marry her. 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 Additional Public Prosecutor would submit that in the statement recorded under Section 164 Cr.P.C., the de-facto complainant has implicated the petitioner. He would further submit that the investigation is pending.

5.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is pending and also taking note of the statement under Section 164 of Cr.P.C. given by the victim girl implicating the petitioner in this case, this Court is not inclined to grant anticipatory bail to the petitioner. 5.Accordingly, this Criminal Original Petition is dismissed. Sd/- 25/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) 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, THIRUVAIYARU, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.7554 of 2022 Date :25/04/2022 SP/JM/SAR II/28/04/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/