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Madras High CourtCRL OP(MD)/8681/2020dismissed

Dhannasy @ Sannasy v. The Inspector Of Police

2020-08-20Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD).No.8681 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD).No.8681 of 2020 Dhannasy @ Sannasy, ... Petitioner/Accused( Sole) Vs State represented by The Inspector of Police, All Women Police Station, Theni District.

(Crime No.9 of 2020) ... Respondent/Complainant For Petitioner : Mr.J.Senthil Kumar, 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.9 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as sole accused, apprehending arrest at the hands of the respondent police for the offence punishable under section 12 of POCSO Act 2012, in Crime No.9 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the victim is a minor girl, aged about 13 years, and the petitioner said to have sexually harassed the victim girl and also pulled her hand and thereafter the defacto complainant informed the same to her brother. When the brother of the victim girl questioned the same, the petitioner and his brother have attacked the victim's brother and sister-in-law and also tried to outrage her modesty. Hence, the the complaint. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD).No.8681 of 2020 that the petitioner is an innocent person and he has not committed any offence. Hence, he prayed for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner said to have frequently sexually harassed the victim girl and also pulled her hand and when the same was questioned by the brother of the victim girl, the petitioner and his brother attacked the victim's brother and her sister-in-law and also tried to outrage her modesty. Hence, he objected to grant anticipatory bail to the petitioner. 6.Considering the facts and circumstances of the case and considering the fact that the petitioner has not only sexually harassed the minor girl and subsequently attacked her brother, when the act of the petitioner was questioned, I am not inclined to grant anticipatory bail to the petitioners.

7.Accordingly, this criminal Original Petition is dismissed. sd/- 20/08/2020 / 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, ALL WOMEN POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8681 of 2020 Date :20/08/2020 vsd AE/VR/SAR-III (26.08.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2