Madras High CourtCRL OP(MD)/19693/2022dismissed

Balamurugan v. The Inspector Of Police

2022-11-08Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.19693 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19693 of 2022 Balamurugan ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, AWPS Thilagar Thidal, Madurai District.

(Crime No.50 of 2022). ... Respondent/Complainant For Petitioner : M/s.Muthumalairaja S, Advocate.

For Respondent : Mr.M.Muthmanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.50 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 offences punishable under Sections 7 and 8 of Protection of Children From Sexual Offences Act (POCSO) Act, 2012 in Crime No.50 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is the Conductor and on 15.10.2022, when he was discharging his duty in a bus, improperly touched the defacto complainant and asked her phone number. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, the learned counsel prays for anticipatory bail to the petitioner.

4.The learned Government Advocate (criminal side) submitted that in this case, investigation is still pending. Hence, he strongly opposed to grant bail.

5. Considering the seriousness and gravity of the offence committed by the petitioner and also considering the fact that the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.19693 of 2022 investigation is still pending as stated by the learned Govt. Advocate, this Court is not inclined to grant anticipatory bail to the petitioner at this point of time.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 08/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, AWPS THILAGAR THIDAL, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19693 of 2022 Date :08/11/2022 skn SA/VR/SAR.3/18.11.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2