Madras High CourtCRL OP(MD)/15755/2022dismissed

Chithra v. The Inspector Of Police

2022-09-12Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.15755 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.15755 of 2022

1. Chithra

2. S.Jeyapradha

3. S.Deivalakshmi

4. S.Deepak ... Petitioners/Accused (Rank Not Known) Vs The State rep.by The Inspector of Police, All Women Police Station, Alangulam, Tenkasi District.

Crime No.19 of 2022.

... Respondent/Complainant Narayanan ... Petitioner/Intervener In Crl.MP(MD).10900/2022 in Crl.OP(MD).15755/2022 For Petitioners : M/s.SANTHANAM RAJESH KUMAR.B., Advocate For Respondent : Mr.M.MUTHUMANIKKAM, Government Advocate (Crl.Side) For Intervenor : Mr.S.KUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.19 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 6 r/w 5(i), 5(1)(ii) of POCSO Act @ 294(b), 506(i) I.P.C, 6 r/w 5(i), 5(1)(i)(ii) of POCSO Act, in Crime No.19 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first accused had sexual relationship with the victim, against her wish, while she was studying in 11th standard, Hence, the complaint. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.15755 of 2022

3. On the side of the petitioners, it is stated that the petitioners are innocents and had not committed any offence, as alleged by the prosecution. The petitioners are the parents and relatives of the first accused. Hence, prays to release them on anticipatory bail.

4.On the side of intervener, it is stated that on considering the gravity of offence, the bail petition filed by the co-accused was dismissed by the lower Court. Hence, prays to dismiss the petition.

5. On the side of prosecution, it is stated that co-accused A1 to A3 are still in custody and prayed to dismiss the petition. But he admit the petitioners are not having any previous case at their credit.

6.Though the petitioners are not having any bad antecedent, considering the gravity of the case and the fact that the co-accused are still in custody, this Court is not inclined to grant anticipatory bail to them.

7. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 12/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGULAM, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15755 of 2022 Date :12/09/2022 PNM SA/SVR/SAR.1/16.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2