Madras High CourtCRL OP/11718/2015dismissed

Kanagaraj v. State Rep. By

2015-06-26Honourable Mr Justice R.Subbiah3 pages

Crl.O.P.No.11718 of 2015 R.SUBBIAH, J.

The petitioner, who was arrested on 14.07.2014 for the alleged offences punishable under Sections 506(i) IPC r/w 5(1)(n) & 6 of the Protection of Children from Sexual Offences Act, 2012 in Crime No.31 of 2014 pending on the file of the respondent-Police, seeks anticipatory bail.

2.The case of the prosecution, in brief, is as follows:- The petitioner/accused is the maternal uncle of the victim girl, who is aged about 13 years. The allegation against the petitioner is that by threatening the victim girl, the petitioner has given sexual harassment to the victim girl on several occasions. On 13.07.2014, the petitioner compelled the victim girl to have sexual intercourse with another person and when the victim girl refused, he threatened her. Hence, the complaint was lodged against the petitioner by the mother of the victim girl. On the basis of the complainant, a case in Crime No.31 of 2014 under Section 5(l)(n) & 6 of the Protection of Children from Sexual Offences Act and Section 506(i) IPC has been registered against the petitioner and subsequently, he was arrested and sent to judicial custody on 14.07.2014.

3.The learned counsel for the petitioner submitted that the

petitioner is in inside the prison for the past one year and he is no way connected with the alleged offence and that with the false allegations, the present complaint has been lodged against him. Thus, he sought for grant of bail.

4.The learned Government Advocate (Crl.Side) has vehemently opposed the grant of bail to the petitioner contending that the petitioner has committed a grave offence and the trial is under progress and that if the petitioner is left out on bail, he may abscond.

5. I have carefully heard the submissions made on either side and perused the materials available on record. 6.Considering the facts and circumstances of the case and taking note of the gravity of the alleged offence and the fact that the trial is under progress, I am of the opinion that the petitioner is not entitled for the relief of bail. Hence, I am not inclined to grant bail to the petitioner and this petition is liable to be dismissed. In fine, the criminal original petition is dismissed. 26.06.2015 ssv

R.SUBBIAH, J.

ssv Pre-delivery order in Crl.O.P.No.11718 of 2015 26.06.2015