Isak Denial Seviyarraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Isak Denial Seviyarraj, ... Petitioner/Accused 1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Samaiya Nallur All Women Police Station, Madurai. Crime No. 32 of 2024..

... Respondent/Complainant For Petitioner : M/s.Arul M, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- To enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No.32 of 2024 on the file of the respondent police and thus render justice. 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 5(L), 5(J) and Section 6 of POCSO Act, 2012 in Cr.No.32 of 2024, seeks anticipatory bail. 1/3

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police and the learned counsel for the intervenor.

3. The learned counsel for the petitioner would submit that the petitioner is not at all involved in any physical relationship with the victim child. According to him, the victim child is in relationship with somebody else and the case is wrongly foisted against the petitioner. Upon enquiry, the learned Government Advocate (Crl. Side) would submit that since the victim child is in the advanced stage of pregnancy, foetus could not be aborted and only after the birth of the child, the DNA sample will be taken and profiling can be done.

4. Therefore at this stage, when the victim child categorically points out the allegation only against the petitioner, it is not a fit case for enlarging the petitioner on anticipatory bail.

5. Accordingly, this Criminal Original Petition is dismissed. sd/- 17/10/2024 / TRUE COPY / / 10 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 2/3

TO 1 THE INSPECTOR OF POLICE, SAMAIYA NALLUR ALL WOMEN POLICE STATION, MADURAI.

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

ORDER

IN CRL OP(MD) No.17583 of 2024 Date :17/10/2024 PSP/ SVR /SAR /28.10.2024/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3