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Madras High CourtCRL OP(MD)/5871/2023dismissed

Sulthan @ Hameed Sulthan v. The Inspector Of Police

2023-03-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.5871 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5871 of 2023 Sulthan @ Hameed Sulthan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Tiruchendur, Thoothukudi District.

Crime No.08 of 2023.

... Respondent/Complainant For Petitioner : M/s.Pragalathan.N., Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.08 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 3(b)(d) r/w.4 and section 5(m)r/w.6 of POCSO Act in Crime No.8 of 2023 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein kissed the child and committed penetrative sexual assault using his finger. 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. 4.From perusal of statement of the victim recorded under section 164 of Cr.P.C, it is seen that the petitioner herein had committed penetrative sexual assault on the minor victim girl aged https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.5871 of 2023 about 8 years. That apart the petitioner has committed very serious and heinous offence as against the minor victim girl, in view of the same, custodial interrogation of the petitioner is very much required in this case, hence this court is not inclined to grant anticipatory bail to the petitioner.

5.In the result, the petition stands dismissed. sd/- 29/03/2023 / TRUE COPY / /04/2023 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, TIRUCHENDUR, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5871 of 2023 Date :29/03/2023 RS/SSS/SAR-2(03.04.2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2