Madras High CourtCRL OP(MD)/16147/2021dismissed

Tamilvanan v. The Inspector Of Police

2021-10-27Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.16147 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.16147 of 2021

1. Tamilvanan

2. Mathivanan

3. Ananad ... Petitioners/1-3 Accused Vs The State rep.by, The Inspector of Police, All Women Police Station, Thiruchendur, Tuticorin District.

In Crime No.41 of 2013. ... Respondent/Complainant For Petitioner : Mr.A.JOSEPH JERRY, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.41 of 2013 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for having issued NBW in SPL.S.C.No.205 of 2019 on the file of the Sessions Court for POCSO cases, Tuticorin District, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner abducted the victim girl and had sexual intercourse with her. Hence, the complaint.

3.The learned counsel for the petitioner submits that the first petitioner and the victim girl are living happily and the petitioners have also filed a quash petition before this Court under Section 482 of Cr.P.C. In the meanwhile, the trial Court has issued warrant on 24.01.2020. Due to pandemic situation, the petitioners did not appear before the trial Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.16147 of 2021 4.The learned Additional Public Prosecutor submits that whenever the matter was posted for framing of charges, the petitioners had absconded, therefore, Non-bailable warrant has been issued against the petitioners.

5.Considering the conduct and attitude of the petitioners and the nature of allegations against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed. sd/- 27/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SESSIONS COURT FOR POCSO CASES, TUTICORIN DISTRICT.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUCHENDUR, TUTICORIN DISTRICT.

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

ORDER

IN CRL OP(MD) No.16147 of 2021 Date :27/10/2021 ssb MK/PN/SAR.III/12.11.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2