Madras High CourtCRL OP(MD)/13730/2024dismissed

M.Mohammed Farook @ Farook v. The Assistant Commissioner Of Police

2024-08-21Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M.Mohammed Farook @ Farook ... Petitioner/Accused No.1 Vs

1. The Assistant Commissioner Of Police, Tallakulam Range, Madurai City..

2. The Inspector of Police, Thiruppalai Police Station, Madurai City.

(in Crime No.87/2024) ... Respondents/Complainants

3. Kavikkakiran, ... 3rd Respondents/Defacto Complainant For Petitioner : Mr.Ak.Azagar Sami, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.87/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent 1/3

Police for the offences punishable under Sections 448, 294(b) and 354 IPC @ 448, 294(b), 354 IPC r/w. Section 3(1)(w)(ii) and 3(1)(r) of SC/ST (POA) Act, 1989 and Sections 8 and 9 of Protection of Children from Sexual Offences (POCSO) Act, 2012 in Crime No.87 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.

3. It is stated that victim also belongs to Scheduled Caste. The case is also registered under section 3 of the SC/ST (POA) Act, 1989, the petitioners are not entitled for anticipatory bail. Since there are specific allegations with reference to calling the cast name etc., this is not a fit case for grant of anticipatory bail to the petitioner.

4. Accordingly, this Criminal Original Petition is dismissed. sd/- 21/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 2/3

TO 1 THE ASSISTANT COMMISSIONER OF POLICE, TALLAKULAM RANGE, MADURAI CITY.

2 THE INSPECTOR OF POLICE THIRUPPALAI POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.13730 of 2024 Date :21/08/2024 SS/GS/SAR- /02/09/2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3