Madhavakannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM 1.Madhavakannan 2.Kalidass 3.Pappathi ... Petitioners/Accused No.1 to 3 Vs State Rep.by The Inspector of Police, Ayikudi Police Station, Tenkasi District.

(Crime No.99 of 2023) ... Respondent/Complainant For Petitioners :

Mr.T.Indrachithu, Advocate For Respondent :

Mrs.M.Aasha, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.99 of 2023 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 Section 12 r/w 11(1) POCSO Act and Sections 294(b), 323, 355 IPC in Crime No.99 of 2023, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner herein used to tease the daughter of the defacto complainant and hence, there was a dispute between them. On 21.09.2023, the first petitioner abused the daughter of the defacto complainant in 1/3

filthy language and when the same was questioned by the defacto complainant, all the accused persons assaulted her. Hence the case. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the petitioners abused and attacked the defacto complainant and her minor daughter. She would further submit that the investigation of this case is not yet completed. Hence, she strongly objected to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and considering the gravity of the offence committed by the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is dismissed.

sd/- 18/10/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns 2/3

TO 1 THE INSPECTOR OF POLICE, AYIKUDI POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18730 of 2023 Date :18/10/2023 RS/JGB/SAR-(20.11.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3