Madras High CourtCRL OP/1357/2022dismissed

Vijay v. State Rep. By

2022-01-24Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fourth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.1357 of 2022 VIJAY [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANCHEEPURAM.

(CRIME NO.14 OF 2021) For Petitioner : M/S. K.THENRAJAN Advocate For Respondent : MR.A.GOKULAKRISHNAN Additional Public Prosecutor 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 23.12.2021 for the offences under Sections 417 and 379 of IPC, in Crime No.14 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 30.11.2021, the petitioner took the victim girl to a lodge under the false promise of marrying her and had physical relationship with her and thereafter, married another girl. 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 30 days from 23.12.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would raise strong objection stating that the petitioner took the victim girl to a lodge under the false promise of marrying her and thereafter, refused to https://hcservices.ecourts.gov.in/hcservices/

married her and when the same was questioned, the family members of the petitioner assaulted the victim and thereafter, the petitioner married another girl. He would further submit 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 recorded under Section 164 Cr.P.C. reveals that the petitioner under the false promise of marrying her, committed sexual assault on her and thereafter, married another girl.

6.On seeing the grave nature of allegation levelled against the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 24/01/2022 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, KANCHEEPURAM.

2 THE OFFICER INCHARGE, SUB JAIL, KANCHEEPURAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. K.THENRAJAN Advocate on payment of necessary charges SR.No.1040 CRL OP.1357/2022 Date :24/01/2022 CSK 02/02/2022 https://hcservices.ecourts.gov.in/hcservices/