Inarjeet Mukhiya v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.4649 of 2022 IN S.C.(K).NO.49 of 2020 (On the file of Learned Sessions Judge, Mahila Court, Chengalpattu) INARJEET MUKHIYA [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, WALAJABAD POLICE STATION, KANCHIPURAM DISTRICT.

(CR.NO.1649 OF 2020) For Petitioner : M/S.A.SARANRAJ 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 05.09.2020 for the offences under Sections 341, 323, 354, 366 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.1649 of 2020, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 03.09.2020 at 03.30 Hrs when the victim was walking on the narrow lane located near Tamarind grove, at that time the petitioner waylaid her and attacked with hands and with intent to commit sexual assault took her behind the bushes and brutally attacked her. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has https://hcservices.ecourts.gov.in/hcservices/

been falsely implicated in this case and that he has been suffering incarceration for more than one year from 05.09.2020 and hence, he would pray for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner attempted to rape the victim and the charge sheet has also been filed. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the gravity of offence committed by the petitioner, if he released on bail he may tamper the evidence and further there is no change of circumstances after the dismissal of the petitioner's earlier bail petition, this court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/03/2022 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 SESSIONS JUDGE, MAHILA COURT, CHENGALPATTU.

2 THE INSPECTOR OF POLICE, WALAJABAD POLICE STATION, KANCHIPURAM DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.SARANRAJ Advocate on payment of necessary charges CRL OP.4649/2022 Date :09/03/2022 CSK 16/03/2022 https://hcservices.ecourts.gov.in/hcservices/