N.Mugesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/12/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM N.Mugesh, ... Petitioner/Accused No.2 Vs The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

Crime No.234 of 2023.

... Respondent/Complainant For Petitioner : Mr.RAJKUMAR P, Advocate.

For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.234 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 342 and 377 of IPC, in Crime No.234 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the victim boy is a Special Child and studying 11th standard. On 18.11.2023, at about 08.00 p.m, the petitioner along with 1/3

another accused said to have committed the sexual assault upon him. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the victim boy is a Special Child. The petitioner committed the sexual assault upon him. He would further submit that the investigation is not yet completed. Hence, he strongly objected to grant anticipatory bail to the petitioner. 5.Considering the gravity of the offence and also considering the fact that the investigation is not yet completed, this Court is not inclined to grand anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 12/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

DSS TO 1 THE INSPECTOR OF POLICE, MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.22335 of 2023 Date :12/12/2023 SA/VR/SAR. /02.01.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3