This court dismissed an anticipatory bail petition under Section 438 Cr.P.C. filed by an accused facing charges under the POCSO Act and IPC for alleged sexual assault. The court held that serious allegations in the 164 statement precluded bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Thursday, the Fifth day of August Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.13257 of 2021
RAVI VENKATACHALAPATHY [ PETITIONER / ACCUSED ]
Vs STATE REP BY [ RESPONDENT ]
THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AVINASI, TIRUPPUR DISTRICT. (CR.NO.4/2021)
For Petitioner : M/S.C.S.SARAVANAN Advocate
For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who was arrested on 11.05.2021 and remanded to judicial custody for the alleged offences punishable under Sections 506(ii) IPC and Section 9(n) r/w 6 of Protection of Children from Sexual Offences (POCSO) Act 2012, in Crime No.4 of 2021, on the file of the respondent police, seeks bail.
that there is a serious allegation made against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed.
-sd/-
05/08/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AVINASI, TIRUPPUR DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges
CRL OP.13257/2021
Date :05/08/2021
INBA 31/08/2021
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving serious allegations of sexual assault under POCSO Act where the petitioner argues false implication.
Whether the seriousness of allegations recorded in the 164 statement precludes bail under Section 438 Cr.P.C.
3 provisions across 3 enactments
RAVI VENKATACHALAPATHY
STATE REP BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AVINASI, TIRUPPUR DISTRICT
M. DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
