Yuvaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.2879 & 2683 of 2022 YUVARAJ [ PETITIONER / ACCUSED IN CRL.O.P.Nos.2879/2022 ] DIWAKAR [ PETITIONER / ACCUSED IN CRL.O.P.Nos.2683/2022 ] Vs STATE REP BY [ RESPONDENT INSPECTOR OF POLICE, IN BOTH PETITIONS ] W23 ALL WOMEN POLICE STATION, ROYAPETTAH, CHENNAI (CRIME NO.3 OF 2021) For Petitioner : M/S K.SELVAKUMARASWAMY Advocate [IN BOTH PETITIONS] For Respondent : MR.S.VINOTH KUMAR, Govt. Advocate (Crl. Side) [IN BOTH PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 01.05.2021 for the alleged offences punishable under Sections 354, 354(B), 363, 376 of I.P.C and 5(m)(I) r/w 6 of POCSO Act 2012 in Crime No.3 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners committed sexual assault on the victim girl, who is a minor and aged about 7 years, on different occasions. Hence the complaint. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that, the charge sheet has been filed. Hence, he prays for grant of bail to the petitioners.

4. The learned Government Advocate submitted that 164 statement has been recorded and this Court has already dismissed the earlier bail applications filed by the petitioners. Hence, he vehemently opposed for grant of bail to the petitioners.

5. This Court perused the 164 statement and on perusal of the 164 statement, since there are serious allegations made against the petitioners and already the earlier bail petitions filed by the petitioners were dismissed by this Court and no change of circumstances, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this criminal original petitions are dismissed. -sd/- 09/02/2022 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 SPECIAL COURT FOR POCSO CASES AT CHENNAI.

2 THE INSPECTOR OF POLICE, W23 ALL WOMEN POLICE STATION, ROYAPETTAH, CHENNAI 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S K.SELVAKUMARASWAMY Advocate on payment of necessary charges CRL OP.2879 & 2683/2022 Date :09/02/2022 JPA 08/03/2022 https://hcservices.ecourts.gov.in/hcservices/