Madras High CourtCRL OP/807/2022dismissed

V.Manikandan v. State Rep By

2022-01-21Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty First day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.807 of 2022 V.MANIKANDAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, W-8, ALL WOMEN POLICE STATION, THIRUMANGALAM, CHENNAI-600 101.

(CRIME NO.1052/2021) For Petitioner : M/S.JANARTHANAN.J Advocate For Respondent : MR.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 12.09.2021 for the offences under Sections 366(A) IPC and Section 5(l) read with 6 of Protection of Children from Sexual Offences Act 2012 in Crime No.1052 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner harassed and committed penetrative sexual harassment on the daughter of the defacto complainant who is aged about 17 years on many occassions. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and that he has been suffering incarceration for more than 130 days from 12.09.2021 and the investigation has been completed and the charge sheet has also been filed. Hence, he would pray for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor would raise strong objection stating that the petitioner assaulted and committed penetrative sexual assault on the victim girl aged about 17 years but admits that the statement of the victim girl has been recorded under Section 164 Cr.P.C.

5. A perusal of the statement of the victim girl has been recorded under Section 164 Cr.P.C. reveals that the petitioner under the guys of marrying the victim girl committed penetrative sexual assault on the victim girl by assaulting and harassing her. 6.On seeing the grave nature of offence and if the petitioner is released on bail, there is every possibility of the petitioner getting abscond and hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 21/01/2022 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, W-8, ALL WOMEN POLICE STATION, THIRUMANGALAM, CHENNAI-600 101.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S.JANARTHANAN.J Advocate on payment of necessary charges Sr.1051 CRL OP.807/2022 Date :21/01/2022 RVR 01/02/2022 https://hcservices.ecourts.gov.in/hcservices/