Madras High CourtCRL OP(MD)/15954/2022dismissed

Vijaya Kumar v. The Inspector Of Police

2022-09-23Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.15954 of 2022 Vijaya Kumar ... Petitioner/Accused Vs State rep.by The Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District (Crime No.(*)14 of 2022) ... Respondent/Complainant For Petitioner : M/s.Joseph Zinoson J, Advocate For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.14 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections (**)452 IPC and Sections 6, 5(i), 5(n), 12, 11(6) of POCSO Act, in Crime No.14 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to love affair, the victim, who was aged about 15 years, eloped with the petitioner and he had sexual relationship with the victim. Hence, the complaint.

3. On the side of the petitioner, it is stated that the petitioner is innocent and had not committed any such offence, as alleged by the prosecution. A false case has been foisted against him. Hence, prays to release him on anticipatory bail. https://www.mhc.tn.gov.in/judis

4. On the side of prosecution, it is stated that the age of the victim was only 15 years at the time of occurrence and the petitioner had committed aggravated sexual assault on her. The investigation is not yet completed. Hence, prays to dismiss the petition.

5.Considering the serious allegations against the petitioner and the age of the victim and also considering the stage of the investigation, this Court is not inclined to grant anticipatory bail to him.

6. Accordingly, this Criminal Original Petition stands dismissed.

(*)(**)(Amended as per the Order dated 12.09.2022 of this Hon`ble Court in Crl.M.P.(MD) No.10939/2022 in Crl.O.P.(MD) No.15954/2022 by RTJ) Sd/- 23/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

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

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

ORDER

IN CRL OP(MD) No.15954 of 2022 Date :23/09/2022 SP/GB/SAR II/29/09/2022/2P/3C https://www.mhc.tn.gov.in/judis