Madras High CourtCRL OP(MD)/21392/2023dismissed

Sekar v. The Inspector Of Police

2023-11-28Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/11/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM Sekar, ... Petitioner/Accused 8 Vs The Inspector of Police, All Women Police Station, Thallakulam, Madurai City.

(Crime No.35/2023).

... Respondent/Complainant For Petitioner : Mr.BALASUBRAMANIAN S., 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.35 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent 1/3

police for the offences punishable under sections 344, 506(ii) IPC r/w. Section 4(2), 5 (1), 5(h) and 6 of Protection of Child from Sexual Offences Act, 2012, in Crime No.35 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein and other accused have penetrative sexual assault up the victim girl and also threatened her with knife point stating that do not disclose the fact to anybody. Hence, the case.

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 and his name has been falsely implicated in this case and hence, seeks anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit the petitioner herein and other accused had penetrative sexual assault up with victim and also by taking photographs threatened her with dire consequences. He would further submit that the investigation of the case is pending and hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the serious nature of allegations made against the petitioner and that the petitioner has also participated in the said occurrence, this Court is not inclined to grant anticipatory bail to the petitioner.

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6. Accordingly, this Criminal Original Petition is dismissed. sd/- 28/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI CITY.

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

ORDER IN CRL OP(MD) No.21392 of 2023 Date :28/11/2023 SA/JGB/SAR. /06.12.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3