Chandru v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Seventh day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.5313 of 2022 CHANDRU [ PETITIONER / ACCUSED ] Vs INSPECTOR OF POLICE [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PERAMBALUR DISTRICT.
CRIME NO.2/2022 For Petitioner : M/S. M.VELMURUGAN Advocate For Respondent : MR.LEONARD ARUL JOSEPH SELVAM, Govt.Advocate(Crl. Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/A-2, who was arrested and remanded to judicial custody on 13.01.2022, for the alleged offence punishable under Section 5(1), 5(i), 5(ii) r/w 6 of POCSO Act, 2012 in Crime No.2 of 2022 on the file of the respondent police, seeks bail. 2.
The case of the prosecution is that the petitioner along with other accused after making a false assurance indulged in the sexual intercourse with the victim child thereupon she became pregnant. 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. Further, the petitioner is in judicial custody from 13.01.2022 and hence, he prays for bail.
4.
The learned Government Advocate (Crl.Side) appearing for the respondent police raised objection by stating that investigation is pending.
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5.
In the alleged occurrence, the petitioner and his friend after inviting the victim child to his shop committed this offence. Further, the history of the case projected by the prosecution reveals the fact that the petitioner herein continuously committed this offence and due to which, the victim child became pregnant. During the relevant point of time, the victim child being a 10th standard student, believing the words of the petitioner went to the petitioner's shop wherein everything had happened. 6.
Therefore, considering the nature of offence committed by the petitioner, this Court is not inclined to grant bail to him. Hence, this Criminal Original Petition is dismissed. -sd/- 07/03/2022 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, TIRUCHIRAPALLI 2 INSPECTOR OF POLICE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PERAMBALUR DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. M.VELMURUGAN Advocate on payment of necessary charges CRL OP.5313/2022 Date :07/03/2022 RVR 21/03/2022 https://hcservices.ecourts.gov.in/hcservices/