Chandhiramoorthy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.4098 of 2022 CHANDHIRAMOORTHY [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, KOTTAKUPPAM, VILLUPURAM DISTRICT.

(CRIME NO.1 OF 2021) For Petitioner : M/S. A.E.RAVICHANDRAN Advocate For Respondent : MR.L.BASKARAN,Govt. Advocate (Crl. Side) 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 05.01.2021 for the offence under Section 506(i), of IPC r/w Section 5(l), (n), J(ii) and 6 of POCSO Act in Crime No.1 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner had committed penetrative sexual assault against the victim girl, who is aged about 14 years and she become 4 months pregnant and the petitioner who is none other than the second husband of the mother. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case .He further submits that the petitioner has been suffering incarceration for more than 13 months from 05.012021. He would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) raised objection stating that petitioner committed penetrative sexual against victim girl and she is pregnant for four months, the petitioner who is none other than second husband of her mother.

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5. Considering the fact that the earlier bail application was dismissed and there is no change of circumstances, as of now, this court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 03/03/2022 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 SUPERINTENDENT, CENTRAL PRISON, CUDDALORE 2 THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, KOTTAKUPPAM, VILLUPURAM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. A.E.RAVICHANDRAN Advocate on payment of necessary charges CRL OP.4098/2022 Date :03/03/2022 RVR 14/03/2022 https://hcservices.ecourts.gov.in/hcservices/