Yowan @ Yovan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD).Nos.9235 & 9243 of 2024 Yowan @ Yovan ... Petitioner/Accused Rank No.5 (In Crl.O.P(MD)No.9235 of 2024) Nagaraj ... Petitioner/Accused Rank No.3 (In Crl.O.P(MD)No.9243 of 2024)

Versus

The Inspector of Police, Odaipatti Police Station, Theni District.

(Crime No.94 of 2024) ... Respondent/Complainant (In both cases) (In both cases) For Petitioners :

Mr.D.Rajaboopathy, Advocate For Respondent :

Mr.M.Sakthi Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.94 of 2024 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- 1/3

The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.94 of 2024, for the offence punishable under Sections 147, 294(b), 354C, 506(i) and 509 of IPC and 66 E of IT Act and 4 of TNPHW Act, have filed these petitions seeking anticipatory bail. 2.The case of the prosecution is that the defacto complainant and the petitioners and other accused belong to the same village. A2 recorded a video while the defacto complainant was taking bath and posted it in the whatsApp group. Thereafter, on 01.06.2024 at 11.30 p.m., A1, A2 and A9 came to the defacto complainant's house and A1 sexually harassed the defacto complainant and other accused assaulted her and threatened her with dire consequences. Hence, the case. 3.The learned counsel appearing for the petitioners submits that the petitioners are only the members of the whatsApp group and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police raised serious objection for grant of anticipatory bail stating that the petitioners and other accused had taken video of the defacto complainant, while she bathed and posted it in the whatsApp group.

5.Considering the facts and circumstances of the case and the nature of 2/3

allegation, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, these Criminal Original Petition are dismissed. sd/- 24/06/2024 / 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, ODAIPATTI POLICE STATION, THENI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD).Nos.9235 & 9243 of 2024 Date :24/06/2024 RS/VR/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