Muthu Surya @ Surya v. The Inspector of Police

CRL OP(MD). No.7370 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7370 of 2023 Muthu Surya @ Surya ... Petitioner / Sole Accused Vs The State rep by The Inspector of Police, All Women Police Station Tiruchendur, Tuticorin District. (Crime No. 4 of 2023.) ... Respondent / Complainant For Petitioner : Mr.S.Siva Thilakar, Advocate. For Respondent : Mr.R.M,Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 4 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 5(l) r/w 6 of POCSO Act in Crime No.4 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner on the false promise of marrying the victim girl had committed penetrative sexual assault on her and thereafter refused to marry her. Hence, the complaint.

¶3Heard both side and perused the materials available on record including the First Information Report and the statement of the victim recorded under section 164 of Cr.P.C.

¶4This is the second application for anticipatory bail and CRL OP(MD). No.7370 of 2023 the earlier application for anticipatory bail was dismissed by this Court on 10.03.2023 in Crl.O.P(MD) No.3398 of 2023 and there is no change in circumstances of the case to consider the present anticipatory bail petition even after dismissal of the petition. That apart the petitioner involved the victim girl into prostitution and compelled her to have sexual intercourse with them hence this court is not inclined to grant anticipatory bail to the petitioner

¶5In the result, the petition stands dismissed. sd/- 20/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV To

1.The Inspector of Police, All Women Police Station, Tiruchendur, Tuticorin District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.7370 of 2023 Date :20/04/2023 ED/MMS/SAR-2 (25/04/2023) 2P 3C