Kalaiyan v. The Inspector of Police

CRL OP(MD). No.10469 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10469 of 2023 Kalaiyan ... Petitioner / Sole Accused Vs State rep by The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District. (Crime No.11 of 2013). ... Respondent / Complainant For Petitioner : M/s.Bhavanthsingh G, 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.11 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 448,294(b),323,506(i) of IPC and sections 7 and 8 of POCSO Act in Crime No.11 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner herein locked the house door of the victim and molested 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.

¶4From perusal of statement of the victim recorded under CRL OP(MD). No.10469 of 2023 section 164 of Cr.P.C, it is seen that the petitioner herein committed sexual assault on the victim on four occasions and only after hearing the noise of the public he came out and the victim was secured. Therefore the petitioner has committed very serious offence against the minor victim girl, hence custodial interrogation of the petitioner is very much required in this case, hence this court is not inclined to grant anticipatory bail to the petitioner.

¶5In the result, the petition stands dismissed. sd/- 14/06/2023 / TRUE COPY / /06/2023 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, Thirumangalam, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.10469 of 2023 Date :14/06/2023 ED/CG/SAR- (20/06/2023) 2P 3C