Vijaya Kumar v. The Inspector Of Police

CRL OP(MD). No.18324 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18324 of 2022 Vijaya Kumar ... Petitioner/Accused Vs The State rep.by The Inspector of Police, AWPS Police Station, Sankarankovil, Tenkasi District.

Crime No.14/2022.

... Respondent/Complainant For Petitioner : Mr.J.JOSEPH ZINOSON, Advocate for M/s. Kwin Law Associates, For Respondent : Mr.M.MUTHUMANIKKAM, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr No.14/2022 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 police for the offences punishable under Sections 452 of IPC & 6, 5(1), 5(n), 12, 11(6) of POCSO Act, in Cr.No.14 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had aggravated sexual assault upon the victim girl, who was aged about 15 years. Hence, the complaint.

3.The learned counsel for the petitioner would submit that this is the second anticipatory bail application. Earlier application filed by the petitioner in Crl.OP(MD)No.15955 of 2022 was dismissed by this Court, 23.09.2022. He would further submit that the petitioner and the victim girl residing in same locality and loved each other. On knowing the same, the parents of the victim girl raised their objection to love marriage and foisted this false complaint against the petitioner. 164 statement of the victim girl was recorded and the investigation is almost completed. Hence, he prays for grant of anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.18324 of 2022 4.The learned Government Advocate(Crl.Side) strongly opposed this petition stating that the petitioner is aged about 27 years old and the victim girl is aged about 15 years old at the time of occurrence and the investigation is still pending. 5.Considering the facts and circumstance of the case and also considering the serious allegation against the petitioner and the age of the victim girl at the time of occurrence, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 14/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, AWPS POLICE STATION, SANKARANKOVIL, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18324 of 2022 Date :14/10/2022 dss SA/VR/SAR. /31.10.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2