Akash @ Pandiyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirty First day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.1924 of 2022 AKASH @ PANDIYAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANRUTI, CUDDALORE DISTRICT (CRIME NO.10 OF 2021) For Petitioner : MR.S.SENTHIL KUMAR, Advocate for M/S M.VIJAYA RAGAVAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 21.09.2021 for the offence under Sections 354D, 506(i) of IPC r/w Section 4 of TNPHW Act r/w Section 7& 8 of POCSO Act, in crime No.10 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner sexually assaulted the victim girl while she was standing in her garden by hugging and kissing her and she informed the same to her parents. When the parents of the victim questioned the same, the petitioner threatened them with dire consequence. Hence, the case was registered based on the complaint of the father of the victim and subsequently, the petitioner was arrested and remanded to judicial custody. After come out on bail, the petitioner again started to threatened and tortured her, due to that victim consumed poison and later she died in the hospital. Hence, the complaint.

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3. The learned counsel for the petitioner would submit that petitioner was no way connected in this case and he was falsely implicated in this case. He further submits that charge sheet also filed and the investigation is completed and he was suffering incarceration for more than five months from 07.08.2021. He would pray for grant of bail to the petitioner.

4. The learned Government Advocated (Crl.side) raised objection stating that victim is aged about 17 years, she committed suicide due to the petitioner torture and harassed her and the final report was taken on file in S.C.NO.50 of 2021. Hence, he vehemently opposed the grant of bail.

5. On seeing the grave nature of the offence and there is no change of circumstances in the case, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed.

7. This Court directs the trial Court to complete the trial within four months from the date of receipt of a copy of this order. -sd/- 31/01/2022 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, PANRUTI, CUDDALORE DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S M.VIJAYA RAGAVAN Advocate on payment of necessary charges SR.NO.1590 CRL OP.1924/2022 Date :31/01/2022 JPA 10/02/2022 https://hcservices.ecourts.gov.in/hcservices/