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Madras High CourtCRL OP(MD)/16072/2022dismissed

K. Saran v. The Inspector Of Police

2022-09-21Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.16072 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.16072 of 2022

1. K.Saran

2. K.Sathya

3. T.Sivakumar

4. M.Kaleeswaran ... Petitioners/Accused No.1 to 3 & 5 Vs State Rep.by The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

(Crime No.240 of 2022) ... Respondent/Complainant For Petitioners : M/s.Malaikani S, Advocate.

For Respondent : Mr.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 240 of 2022 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 the offences punishable under sections 11(ii) r/w. Section 12 of the Protection of Children from Sexual Offences Act and Section 294(b) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No. 240 of 2022 on the file of the respondent police, seek/s anticipatory bail. 2.The case of the prosecution is that when the victim boy was returning from tuition, the petitioners herein have waylaid the victim and removed his cloths and made him to parade to the Mariamman Temple and videographed the same and also abused him in filthy language. Hence, the complaint.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and their names have been falsely implicated in this case.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that there are totally five accused https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16072 of 2022 involved in this case and they have made sexual offence to the victim boy, who is aged about 9 years. He would further submit that A4 is absconding and the custodial interrogation of the petitioner is necessary and prayed for dismissal of this petition. 5.Considering the serious nature of offence committed by the petitioners and that they have given a sexual torture to the victim boy, who is aged about 9 years, this Court is not inclined to anticipatory bail to the petitioners 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 21/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.16072 of 2022 Date :21/09/2022 trp RS/SBN/SAR.2(27.09.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2