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Madras High CourtCRL OP(MD)/20860/2022dismissed

Arunachalam v. The Inspector Of Police

2022-11-25Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.20860 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20860 of 2022 Arunachalam, ... Petitioner/Sole Accused Vs The State Rep. by, The Inspector of Police, All Women Police Station, Nanguneri, Tirunelveli District.

Crime No.21 of 2022..

... Respondent/Complainant For Petitioner : M/s.Suresh Kannan C, 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 Crime No.21 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 27.10.2022 for the offences punishable under Sections 7 and 8 of Protection of Children from Sexual Offences Act, 2012, in crime No.21 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant, who is the victim girl is aged about 17 years. On 25.10.2022, at about 03.30 p.m, when the victim girl returning to her house after completing her agriculture work, the petitioner herein misbehaved with her. Hence, the complaint.

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

CRL OP(MD). No.20860 of 2022 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 27.10.2022, hence he may be released on bail. 4.The learned Government Advocate (Crl. side) would submit that the victim girl is aged about 17 years. The petitioner is aged about 60 years. The petitioner has already misbehaved with the victim girl. This is the second occurrence. The investigation is in preliminary stage. Hence, he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the facts that the age of the victim girl and the investigation is in preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 25/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 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, All Women Police Station, Nanguneri, Tirunelveli District.

2. The Superintendent, Central Prison, Palayamkottai..

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.20860 of 2022 Date : 25/11/2022 TR/SSS/SAR-III(07.12.2022) 2P 4C https://www.mhc.tn.gov.in/judis 2/2