Madras High CourtCRL OP(MD)/8331/2024dismissed

Bharos Khan @ Mohamed Forose Khan v. The Inspebctor Of Police

2024-06-19Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Bharos Khan @ Mohammed Forose Khan ... Petitioner/ A2

Versus

State rep. by The Inspector of Police, All Women Police Station, Thiruchendur, Thoothukudi District.

... Respondent/Complainant For Petitioner : Mr.S.Muthu Kumar Raja, 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.18 of 2024 on the file of the Respondent Police.

1/3

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.18 of 2024, for the offence punishable under Sections 5(1) r/w 6, 7 r/w 8 of POCSO Act, 2012, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the petitioner/A2 were in love affair. On 25.05.2024, A-1 had forcible sexual intercourse with the victim girl and A2 who is the friend of A1 has also abused the victim girl. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioner is having one previous case similar in nature and statement of the victim under Section 164 of Cr.P.C., has been record 2/3

5. Considering the nature of offence and also considering the antecedent of the petitioners, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. sd/- 19/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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

ORDER

IN CRL OP(MD) No.8331 of 2024 Date :19/06/2024 SS/JGB/SAR- /23/07/2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3