Madras High CourtCRL OP(MD)/12403/2022dismissed

Mookkaiya v. The Inspector Of Police

2022-07-11Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12403 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12403 of 2022 Mookkaiya ... Petitioner/ Sole Accused Vs The State rep.by The Inspector of Police, Keeranur All Women Police Station, Pudukottai District.

(Crime No. 22 of 2022).

... Respondent/Complainant For Petitioner : M/s.MAHENDRARAJAN.B, Advocate.

For Respondent : Mr.R.M.ANBUNITHI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 22 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 11(i) r/w 12 of POCSO Act, in Crime No.22 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the father of the victim girl. The defacto complainant have two female children and one male child. The second child namely, Kavya Sri is a school going student and aged about 11 years. On 27.06.2022, at about 08.00 p.m, the petitioner alleged to have contacted the victim girl and asked her to come to Urani. That was intimated by the victim girl to her grandfather and on next day, at about 08.30 a.m, the petitioner alleged to have waylaid the victim girl and compelled her to come to Urani by giving Rs.10. So, on the basis of the complaint given by the defacto complainant, case has been registered against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that even as per the allegation that has been made in the FIR, no ingredients are attracted. Hence, he prays for grant of anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12403 of 2022

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner is aged about 65 and the victim girl is aged about 11.

5.This Court is not in a position to appreciate the conduct of the petitioner in making trouble to the girl. She is only aged about 11 and studying 6th standard.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 11/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, KEERANUR ALL WOMEN POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12403 of 2022 Date :11/07/2022 SA/PN/SAR.2/20.07.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2