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Madras High CourtCRL OP(MD)/10806/2022dismissed

Suganthi v. The Inspector Of Police

2022-06-17Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.10806 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.10806 of 2022 Suganthi ... Petitioner/Accused No.4 Vs The State rep.by, The Inspector of Police, All Women Police Station, Kanyakumari District (Crime No.36 of 2021) ... Respondent/Complainant For Petitioner : Mr.R.J.Karthick, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.36 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 366 IPC @ into Section 366 IPC and Sections 5(1), 6(1) and 17 of Protection of Children from Sexual Offences Act, 2012 in Cr.No.36 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the first accused had kidnapped the victim girl with the help of the present petitioner and also committed sexual assault. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that in the statement recorded under Section 164 Cr.P.C., the victim girl has implicated the petitioner and A1 in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10806 of 2022 this case. 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 as stated by the learned Additional Public Prosecutor 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. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 17/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI DISTRICT 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.10806 of 2022 Date :17/06/2022 SJI MK/SVR/SAR.IV/27.06.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2