Deepak v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20567 of 2022 Deepak ... Petitioner/Accused No.7 Vs State rep.by The Inspector of Police, All Women Police Station, Alangulam, Tenkasi District.
(Crime No.19 of 2022).
... Respondent/Complainant For Petitioner : M/s.Ranjith N, Advocate.
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 Crime No.19 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 6 r/w 5 (i)(j)(ii) of POCSO Act, 2012, in Crime No.19 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that first accused forcibly had sexual intercourse with the victim girl, who is aged about 17 years, many times and also threatened her. Hence, the complaint. https://www.mhc.tn.gov.in/judis
3. The learned counsel appearing for the petitioner would submit that the petitioner is the friend of the first accused and
due to previous enmity, the petitioner's name has been implicated in this case. He would further submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. Hence, he may be granted anticipatory bail.
4. The learned Government Advocate (Criminal Side) would submit that the first accused forcibly had sexual intercourse with the victim girl, who is aged about 17 years. The statement of the victim girl has been recorded under Section 164 Cr.P.C, wherein the victim girl has implicated the petitioner. He would further submit that the investigation in this case is not yet completed. Hence, he strongly opposed for grant of anticipatory bail.
5. Considering the seriousness and gravity of the offence and considering the age of the victim girl and also taking note of the statement given by the victim girl under Section 164 of Cr.P.C and the stage of the investigation, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 22/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
CP TO
1. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGULAM, TENKASI DISTRICT.
2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20567 of 2022 Date :22/11/2022 https://www.mhc.tn.gov.in/judis SP/BUC/SAR II/02/12/2022/2P/3C