Sankar v. The Inspector Of Police
CRL OP(MD). No.18714 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18714 of 2022 Sankar ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Elayankudi Police Station, Sivagangai District.
in Cr No.403/2021..
... Respondent/Complainant For Petitioner : M/s.Vikram S, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Cr No.403/2021 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 01.10.2022 for the alleged offence under Sections 11(1), 11(4), 12 of POCSO Act, 2012, in Crime No.403 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused persons continuously harassed the defacto complainant's daughter, while going to school. The same was informed to the defacto complainant. 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. It is a case in counter and due to previous motive, a false case has been foisted against him. Hence, prays to release him on bail.
https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.18714 of 2022
4. On the side of prosecution, it is stated that the accused persons used to stalking and harassed the victim, who was aged about 17 years, while going to school. In this regard, they were assaulted by the village people. Even after that, they used to commit the same kind of offence. The investigation is in preliminary stage. If he released on bail, he would commit the same kind of offence. Hence, prays to dismiss the petition. 5.Considering the facts and circumstances of the case, nature of serious allegations levelled against the petitioner and the age of the victim and also considering the strong objection, nascent stage of the investigation, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition stands dismissed.
sd/- 19/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO
1. THE OFFICER IN CHARGE, DISTRICT PRISON, SIVAGANGAI.
2. THE INSPECTOR OF POLICE, ELAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18714 of 2022 Date :19/10/2022 RK/SSS/SAR- (28/10/2022) 2P/4C https://www.mhc.tn.gov.in/judis 2/2