Murugesan v. The Inspector Of Police
CRL OP(MD). No.17103 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.17103 of 2022 Murugesan ... Petitioner/Sole Accused Vs 1.State Rep.by The Inspector of Police, All Women P.S. Keelakarai, Ramanathapuram District.
(Crime No.16/2022).
... 1st Respondent/Complainant 2.Megarnisha ... 2nd Respondent/Defato Complainant For Petitioner : M/s.Vishnuvardhan S, Advocate For Respondent-1 : 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.16/2022 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 5(l) r/w 6 of POCSO Act, 2012, in Crime No.16 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to love affair, the petitioner had sexual relationship with the victim, who was aged about 16 years and refused to marry her. 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. The occurrence took place in the year 2020 and a false case has been foisted against him only in the year 2022. Hence, prays to release him on anticipatory bail. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.17103 of 2022
4. On the side of prosecution, it is stated that the age of the victim was only 16 years at the time of occurrence and the petitioner had committed aggravated sexual assault on her. The investigation is not yet completed. Custodial interrogation is necessary in this case. 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.
sd/- 28/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAMANATHAPURAM DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17103 of 2022 Date :28/10/2022 PNM RS/SSS/SAR.2(03.11.2022) 2P-3C https://www.mhc.tn.gov.in/judis 2/2