Madras High CourtCRL OP(MD)/19191/2022dismissed

Abish v. The Inspector Of Police

2022-10-31Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.19191 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19191 of 2022

1. Abish

2. Akshaya @ Achu ... Petitioners/Accused No.2 & 3 Vs The State rep.by, The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

Cr.No.38/2022.

... Respondent/Complainant For Petitioner : M/s. Bebin Jose.J., Advocate.

For Respondent : M/S.M.MUTHUMANIKKAM, Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.38/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 356(A), 506(i) IPC and Sections 5(1), 6, 11(4), 12, 17 of POCSO Act in Crime No. 38 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that both the A1 and the victim are studying in the same college and they loved each other and that A1 took the victim to the petitioners' house and had sexual intercourse with her. Hence, the compliant.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.19191 of 2022

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and their names have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the victim is a minor girl, aged about 17 years and the petitioners herein have arranged the place for A1 and that A1 had sexual intercourse with the victim. He would further submit that the petitioners herein have threatened the de facto complainant with dire consequences and he strongly opposed to grant anticipatory bail to the petitioners.

4. Considering the submission made by the learned Government Advocate (Crl. Side) appearing for the respondent and also considering the serious nature of allegations made against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

5. Accordingly, this Criminal Original Petition is dismissed.

sd/- 31/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19191 of 2022 Date :31/10/2022 RK/SSS/SAR-1 (09/11/2022) 2P/3C https://www.mhc.tn.gov.in/judis 2/2