Surya v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Surya ... Petitioner/Sole Accused

Vs State Rep.by The Inspector of Police, All Women Police Station, Bodi, Theni District. Crime No.18 of 2023. ... Respondent/Complainant For Petitioner : M/s.A.Joseph Jerry, Advocate. For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.18 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- By the order dated 18.05.2023, the petitioner was granted the interim anticipatory bail for eight weeks. The earlier application was dismissed by this Court dated 25.04.2023, on the ground that serious nature of offence has been committed upon the victim, who is minor.

¶2Reading of the CD file shows that there was love affair between the petitioner and the victim. When the petitioner visited the house of the victim girl, the mother of the victim saw him and the petitioner was scolded by her, based on which, the complaint has been preferred by the defacto complainant. During the course of investigation, the statement was recorded from the victim girl, in which, she has stated that she was subjected to sexual assault on many occassion. But during the course of medical examination, it was found that her hymen was not intact, on that ground, the possibility of having sexual intercourse was not ruled out.

¶3Since, the Final Report has been filed before the concerned trial Court, the petitioner is directed to appear before the concerned Court and co-operate with him to complete the process of trial.

¶4With the above said direction, the interim anticipatory bail that was granted by this Court in Crl.O.P(MD) No.9288 of 2023, dated 18.05.2023 is made absolute.

sd/-

07/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU To

1.The Judge, Mahila Court, Theni.

2.The Inspector of Police, All Women Police Station, Bodi, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.9288 of 2023 Date :07/08/2023 ED/BUC/SAR-III (14/08/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023