Madras High CourtCRL OP/2224/2021dismissed

A.Jesuraj v. State Rep. By

2021-02-24Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of February Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.2224 of 2021 A.JESURAJ [PETITIONER/ACCUSED A-2] Vs STATE REP. BY [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, W-21, ALL WOMEN POLICE STATION, GUINDY, CHENNAI - 600 032.

CRIME NO.20 OF 2020 For Petitioner : M/S.V.RAMANAREDDY Advocate For Respondent : M/S.M.PRABHAVATHI 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 30.12.2020 for the alleged offence under Sections 6 and 17 of POCSO Act, 2012, in crime No 20 of 2020 on the file of respondent police, seeks bail.

2. The case of the prosecution is that totally there are 2 accused an the petitioner is A2. It is alleged that the A1 in this case intoxicated the victim girl, who is 17 years old and A2 sexually assaulted her, when she was in intoxicated mood. Based on the complaint given by the mother of the victim girl, the case came to be registered.

3.Heard the learned counsel for the petitioner.

4. The learned Government Advocate would submit that the petitioner committed sexual assault on the minor victim girl. He would further submit that 164 statements of the victim girl was recorded, wherein the victim girl has stated that A2 had committed sexual assault on her, with the help of the A1. Hence, she vehemently opposed for grant of bail to the petitioner.

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5. I have considered the rival submission and also perused the materials including 164(5) of Cr.P.C statements recorded from the victim girl.

6. Considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

7. This Criminal Original Petition is dismissed accordingly. -sd/- 24/02/2021 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, W-21, ALL WOMEN POLICE STATION, GUINDY, CHENNAI - 600 032.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.V.RAMANAREDDY Advocate on payment of necessary charges CRL OP.2224/2021 Date :24/02/2021 EP-15/03/2021 https://hcservices.ecourts.gov.in/hcservices/