K.Senthilkumar v. The Inspector Of Police
CRL OP(MD). No.17928 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.17928 of 2022 K.Senthilkumar, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, (*)All Women Police Station, Thiruverumbur, Trichy District.
(Crime No. 29 of 2022).
... Respondent/Complainant (*)(Amended as per the order of this Court, dated 14.11.2022 in Crl.MP.(MD) No.12313 of 2022 in Crl.OP(MD)No.17928 of 2022 by AANJ) For Petitioner : M/s.Kathirvelu, Senior Advocate for Mr.Jameelarasu B, Advocate For Respondent : Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.29 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 5 (L) and 6(1) of POCSO Act r/w Section 75 of Juvenile Justice Act, 2015, in Crime No.29 of 2022 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner was running a mentally ill home at Trichy. In that home, the petitioner illegally detained 3 minor girls and said to have committed sexual assault against one of the minor girl. On information, the child helpline officials went to the home and enquired the victim girl. On enquiry, they confirmed the offence of sexual assault. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.17928 of 2022 case. He would further submit that he is running mentally ill home at Trichy for the past 33 years by getting proper permission from the various competent authorities without any adverse remarks. Due to wreck vengeance, the present complaint has been registered against the petitioner to tarnish the image of the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) would submit that the victim girl is aged about 15 years. The petitioner illegally detained the victim girl and other two girls in his house. From her childhood i.e., age of 10, the petitioner misbehaved with the victim girl. 164 statement was recorded from the victim girl. There is specific allegation against the petitioner.
Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering age of the victim girl and also considering the gravity and nature of the offence, the custodial interrogation of the petitioner is necessary. Hence, this Court is not inclined to grant anticipatory bail to the petitioner at this stage. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 14/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS 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 ALL WOMEN POLICE STATION, THIRUVERAMBUR, TRICHY DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17928 of 2022 Date :14/11/2022 PKP/VR/SAR-1/29.11.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2