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Madras High CourtCRL OP(MD)/13558/2023dismissed

G.Karuppasamy v. The Inspector Of Police

2023-08-01Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN G.Karuppasamy ... Petitioner / Sole Accused Vs The State represented by The Inspector of Police, Watrap Police Station, Virudhunagar District, Crime No.122 of 2023.

... Respondent / Complainant For Petitioner : M/s.T.Thirumurugan, Advocate for M/S.Kalidass.A, Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.122 of 2023 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner / Sole Accused herein, who was arrested on 16.06.2023 for the alleged offence under Sections 9(f) r/w Section 10 of POCSO Act 2012 in Crime No.122 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that on 15.06.2023, the victim girl went to the school and did not return to the house. It is informed that the petitioner misbehaved with her. On the basis of the complaint, a case has been registered. The petitioner was arrested and remanded to judicial custody. Seeking bail this petition came to be registered.

3. The learned counsel for the petitioner would submit that on the ground that the because of motive between the victim's relatives and this petitioner, a false complaint has been given.

4. With regard to the allegations, the investigation officer was also directed to appear before this Court and he states that some two years prior to the occurrence, the petitioner had similarly misbehaved with one girl. That matter was compromised 2/4

by the villager elders and he was also warned by the villagers. This is the second occurrence. Noting the behaviour of the petitioner, the villagers made the complaint.

5. Considering the above said information that has been furnished by the respondent, this Court is not inclined to grant relief to the petitioner. Accordingly this Criminal Original Petition stands dismissed.

sd/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1.THE INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.

2.THE OFFICER IN CHARGE, DISTRICT JAIL, VIRUDHUNAGAR.

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

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+1 CC to M/s.A.KALIDASS, Advocate ( SR-11656[I] dated 02/08/2023 )

ORDER

IN CRL OP(MD) No.13558 of 2023 Date :01/08/2023 RK/BUC/SAR-4(16/08/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4