Yuvaraj v. State Rep.By
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.1407 of 2022 YUVARAJ [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAMAKKAL, NAMAKKAL DISTRICT.
(CR.NO.01 OF 2022) For Petitioner : M/S.A.SATHISHKUMAR 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 03.01.2022 for the offences under Sections 366, 376 of IPC and 67 of Information Technology(Amendment) Act 2008, in Crime No.01 of 2022, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioner and the victim girl are aged about 30 and 21 years respectively and the petitioner on the false promise of marriage alleged to have kidnapped the victim and had physical relationship with her on many occasion and alleged to have published the photos which were taken during such event in a social media by causing defamatory remarks against the victim. Hence, the complaint.
3.The learned counsel for the petitioners submits that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case. He further submits that the petitioner and the victim girl loved each other for the past several months. He further submits that the petitioner has been suffering incarceration for more than 27 days from 03.01.2022 and hence, he prays to grant bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/
4.The learned Government Advocate (Crl. Side) would raise strong objection stating that petitioner on the false promise of marriage alleged to have kidnapped the victim and had physical relationship with her on many occasion . He further submits that the petitioner forcefully got victim girl's mobile phone and uploaded their photos in the victim girl's college Whatsapp group. He further submits that the statement of the victim girl under Section 164 of Cr.P.C was recorded and the investigation was not yet completed.
5.Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the gravity of the offence, the manner in which the offence alleged to have taken place and the stage of investigation, this court is not inclined to grant bail to the petitioners.
6. 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, NAMAKKAL, NAMAKKAL DISTRICT.
2 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.A.SATHISHKUMAR Advocate on payment of necessary charges CRL OP.1407/2022 Date :24/01/2022 CSK 02/02/2022 https://hcservices.ecourts.gov.in/hcservices/