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Madras High CourtCRL OP(MD)/15842/2022dismissed

S.Sugumar v. The Inspector Of Police

2022-09-16Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.15842 of 2022 S.Sugumar ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, K.V.Nallur Police Station, Tenkasi District.

(Crime No.345 of 2022).

... Respondent/Complainant For Petitioner : M/s.Thalaimuthuarasu.G, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.345 of 2022 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 respondent police for the offences punishable under Section 451 of IPC and Section 8 r/w 7, 12 R/w II (A)(iv) of Protection of Child from Sexual Offences Act, 2012, in Crime No.345 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant's daughter is studying 12th standard. The petitioner continuously followed her and expressed his love proposal. On 25.08.2022, the petitioner came to the defacto complainant's house, threatened her and tried to misbehave with her. Hence, the complaint. https://www.mhc.tn.gov.in/judis

3.The learned counsel for the petitioner would submit that the petitioner and the victim family are close relatives and the petitioner and the victim girl were fell in love with each other. He would further submit that the petitioner is an innocent and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that at the time of incident, the victim was aged about 17 years and the offences are very serious in nature and the investigation is at the initial stage. Hence, he strongly opposed for grant of anticipatory bail.

5. Considering the seriousness and gravity of the offence committed by the petitioner and also considering the age of the victim and also considering the fact that the investigation is at the initial stage as stated by the learned Additional Public Prosecutor, this Court is not inclined to grant anticipatory bail to the petitioner at this point of time.

6. Accordingly, this Criminal Original Petition is dismissed. Sd/- 16/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

cp / skn 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 INSPECTOR OF POLICE, K.V.NALLUR POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15842 of 2022 Date :16/09/2022 SP/GB/SAR II/26/09/2022/2P/3C https://www.mhc.tn.gov.in/judis