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Madras High CourtCRL OP(MD)/9629/2024dismissed

Ramesh @ Shanthinathan v. The Sub Inspector Of Police

2024-07-09Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Ramesh @ Shanthinathan, ... Petitioner / Sole Accused Vs The Sub Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

Crime No.8/2024.

... Respondent/Complainant For Petitioner : Mr.Anandkumar.J, 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.8/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the 1/3

respondent police for the offences punishable under Sections 7 and 8 of POCSO Act and Section 506(i) of IPC, in Cr.No.8 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the mother of the victim girl, who is is aged about 16 years and completed 10th standard. During the leave period, she was working as Cashier job in the petitioner's finance company from 09.04.2023. The petitioner herein is used to misbehave with the victim girl by threatening her that if she is disclosed the same to her parents, he will kill them. On 15.05.2024, he tried to commit penetrative sexual assault upon the victim girl. Then only, the act of the petitioner was informed by the victim girl to her parents. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the father of the victim girl already borrowed a sum of Rs.2,00,000/- and Rs.1,00,000/- in order to perform his other children marriage. When the amount was demanded by the petitioner, this false case has been foisted against him. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor has produced the statement of the victim girl, which was recorded under Section 164 of Cr.P.C., and strongly opposed to grant anticipatory bail to the petitioner. 2/3

5.On reading of the statement recorded from the victim girl under Section 164 of Cr.P.C., it reveals that the allegation against the petitioner is serious in nature. 6.Considering the facts and circumstances of the case and also considering the gravity of the offence, this Court is not inclined to allow this petition. 7.Accordingly, this Criminal Original Petition stands dismissed. sd/- 09/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.J.ANANDKUMAR, Advocate ( SR-7663[I] dated 09/07/2024 ) ORDER IN CRL OP(MD) No.9629 of 2024 Date :09/07/2024 SA/VR/SAR. /18.07.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3