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Madras High CourtCRL OP(MD)/6940/2021dismissed

K.Sivamuthaiah@Siva v. The Inspector Of Police

2021-05-21Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.6940 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6940 of 2021 K.Sivamuthaiah @ Siva ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Kovilpatti,Thoothukudi District.

(Crime No.6 of 2021).

... Respondent/Complainant For Petitioner : Mr.G.Thalaimutharasu, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.6 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8, 4 r/w 18 of Protection of Children from Sexual Offences Act, 2012 and Sections 452 and 506(ii) I.P.C in Crime No.6 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.Heard both sides.

3.It is a matter of love affairs between the petitioner and the victim girl. When the matter came to the knowledge of the parents, a case has been registered.

4.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the petitioner has been falsely implicated in the present case and hence, he seeks anticipatory bail.

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CRL OP(MD). No.6940 of 2021 5.The learned Additional Public Prosecutor, would submit that the petitioner misbehaved with the victim girl and on hearing the alarm of the victim, the neighbours went to the occurrence place, at that time, the petitioner ran away from the place of occurrence. He would further submit that 164 Cr.P.C., Statement has not been recorded from the victim girl and the investigation is in preliminary stage.

6.It is seen from the submission that the petitioner and the victim girl loved each other. However, the said fact will come into light only in the course of investigation. Considering the nature of allegation levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 21/05/2021 / TRUE COPY / / /2021 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, ALL WOMEN POLICE STATION, KOVILPATTI,THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6940 of 2021 Date :21/05/2021 msa MS/MNR/SAR-3/26.05.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2