K.Mahendiran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN K.Mahendiran ... Petitioner/Accused Rank Not known Vs The State, through The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.
(Crime No.181 of 2023).
... Respondent/Complainant For Petitioner : Mr.A.SANKARARAMASUBRAMANIAN, Advocate.
For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.181 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused Rank Not Known, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 11(1) r/w. 12 1/3
of Protection of Children From Sexual Offences Act, 2012 and 294(b), 506(i) of IPC in Crime No.181 of 2023 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the victim, who gave a complaint stating that when she was going to school along with his friends on previous occassions, some three unknown persons were following her in two wheeler and tried to make trouble to her. At that time, she did not mind it. Later, on 17.07.2023 when she was returning to her house along with her friends from school, again that three persons followed her, one of the persons made trouble stating that he is loving her, tried to assault and also criminally intimidated her. At the intervention of the neighbours, they ran away from that place. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent and is falsely implicated in this case.
4. The learned Additional Public Prosecutor would submit that since the nature of offence is serious in nature, custodial interrogation is very much required. Hence, he made strong objection to grant anticipatory bail to this petitioner.
5. Considering the facts and circumstances of this case, even though the petitioner's name is not mentioned in the First Information Report as one of the three persons, considering the gravity of offence that is made by that persons, this Court is not inclined to grant anticipatory bail to the petitioner. If the anticipatory bail is 2/3
granted to the petitioner, there is possibility of making trouble to the victim. Hence, this anticipatory bail petition deserves dismissal and accordingly dismissed. sd/- 17/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE INSPECTOR OF POLICE, VASUDEVANALLUR POLICE STATION, TENKASI DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.14953 of 2023 Date :17/08/2023 SA/VR/SAR. /07.09.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3