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Madras High CourtCRL OP(MD)/17296/2021dismissed

Sankar v. The Inspector Of Police

2021-11-30Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.17296 of 2021

1. Sankar

2. Thavasi

3. Baskar ... Petitioners/Accused No.1 to 3 Vs State rep by The Inspector of Police, Elayangudi Police Station, Sivagangai District.

Cr.No.403 of 2021. ... Respondent/Complainant For Petitioner : Mr.Vikram.S, Advocate.

For Respondent : Mr.P.Kottaisamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.403 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police, for the offence punishable under sections 11(1), 11(4) & 12 of Protection of Child from Sexual Offences Act, 2012 in Crime No.403 of 2021, on the file of the respondent police, seek anticipatory bail.

2.In earlier occasion, the petition filed by the petitioners, seeking anticipatory bail was dismissed on the ground that they have not furnished the details about crime number and the complaint filed by these petitioners, as they submitted that it is a case and counter case.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel appearing for the petitioners submits that this is the second petition filed by the petitioners for

anticipatory bail. He further submits that the petitioners are ready to abide by any conditions imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) produced the statement of the victim girl under Section 164 of Cr.P.C, recorded before the Additional Mahila Court, Sivagangai. 5.This Court perused the 164 Cr.P.C statement of the victim girl, which shows that she is a school going girl, has been teased and harassed by the petitioners and others. Hence, this complaint. 6.Being satisfied with the above statement given by the victim girl, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, the Criminal Original Petition is dismissed. Sd/- 30/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN 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, ELAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.17296 of 2021 Date : 30/11/2021 VB/JM/SAR-II/06.12.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/