Madras High CourtCRL OP/779/2022dismissed

M.Illayarasa v. Inspector Of Police

2022-01-12Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.779 of 2022 M.ILLAYARASA [ PETITIONER / ACCUSED ] Vs INSPECTOR OF POLICE [ RESPONDENT ] W18, ALL WOMEN POLICE STATION, MKB NAGAR, CHENNAI-600 039 CRIME NO.22 OF 2021 For Petitioner : M/S.C.SENAPATHI 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 28.09.2021 for the offences under sections 6 of POCSO Act, 354-D, 506(i) of IPC, 4 of TNPHW Act and 67 of IT Act, in Crime No.22 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is none other than the sister of the wife of the petitioner. It is alleged that the petitioner had given more than 25 lakhs to his inlaws' family for construction of house and also taken case of various expenses. Due to some misunderstanding, the petitioner and his wife got separated. Hence, the petitioner demanded for repayment of the money spent to the in-law's family. Consequent to his demand, the defacto complainant has lodged this complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner has not committed any offences as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the defacto complainant has been subjected to sexual assault repeatedly by the petitioner during her minor hood. Hence, he vehemently opposed grant of bail to the petitioner.

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5. Considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 12/01/2022 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 2 INSPECTOR OF POLICE W18, ALL WOMEN POLICE STATION, MKB NAGAR, CHENNAI-600 039 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.SENAPATHI Advocate on payment of necessary charges CRL OP.779/2022 Date :12/01/2022 RVR 28/01/2022 https://hcservices.ecourts.gov.in/hcservices/