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 Rank Not Known

Vs The Inspector of Police, Murappanadu Police Station, Thoothukudi District. Crime No.229 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.229 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 294(b) and 352 of IPC and Section 4 of TNPHW Act, in Crime No.229 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the son of the defacto complainant was sexually assaulted by the accused persons. When the same questioned by the defacto complainant, the accused persons said to have abused the defacoto complainant in filthy language and also threatened her with dire consequences. 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 son of the defacto complainant was sexually assaulted by the accused persons. When the same questioned by the defacto complainant, the accused persons said to have abused the defacoto complainant in filthy language and also threatened her with dire consequences. 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. 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.22256 of 2023 Date :12/12/2023 SA/VR/SAR. /04.01.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.