Senthilkumar@Muthukumar v. The Inspector of Police

CRL OP(MD). No.8765 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.8765 of 2023 Senthilkumar@muthukumar ... Petitioner / Sole Accused Vs The Sub-Inspector of Police, Abiramam Police Station, Ramanathapuram District (Crime No.89 of 2023). ... Respondent / Complainant For Petitioner : M/s.Herold Singh.S.C, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.89 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 alleged offence punishable under Section 363 of of IPC and Section 6 of Protection of Children From Sexual Offences Act, 2012, in Crime No.89 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the father of the victim girl, who is aged about 17 years. The petitioner used to chat with the victim girl. On knowing the same, the defacto complainant warned his daughter. In such circumstances, on 04.05.2023, early morning, the defacto complainant went to the tea shop. Thereafter, he came to the house and noticed that the victim girl was found missing. Hence, the complaint.

¶3Heard both side and perused the materials available on record including the First Information Report. CRL OP(MD). No.8765 of 2023

¶4It is seen that the petitioner on the pretext of love without the knowledge of the victim aged about 17 years had committed penetrative sexual assault on her. Further 164 Cr.P.C statement of the victim is not yet taken, therefore custodial interrogation of the petitioner is very much requried in this case, hence this court is not inclined to grant anticipatory bail to the petitioner.

¶5In the result, the petition stands dismissed. sd/- 19/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV To

1.The Sub-Inspector of Police, Abitamam Police Station, Ramanathapuram District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-9197[I] dated 21/06/2023 ) ORDER IN CRL OP(MD) No.8765 of 2023 Date :19/06/2023 ED/VR/SAR- (23/06/2023) 2P 4C