Madras High CourtCRL OP/5983/2022dismissed

Chinnapaiyan v. State Rep

2022-03-16Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5983 of 2022 CHINNAPAIYAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TINDIVANAM, VILLUPURAM DISTRICT.

(CRIME NO. 22/2021) For Petitioner : MR.K.KATHIRESAN Advocate For Respondent : M/S.G.V.KASTHURI 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 31.12.2021 at the hands of the respondent police for the alleged offences under Section 366, 354(A), 323, 506(i) Indian Penal Code r/w Sections 8, 5(l), 6,17 of Protection of Children from Sexual Offence Act, 2012 in Crime No. 22 of 2021 seeks bail.

2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3. It is a case of kidnapping and penetrative sexual assault of a girl, who was hardly three days short of attaining majority.

4. Initially, the father of the victim has given a complaint of girl missing and it was later turned to be kidnapping, wrongful restrain and rape committed by the accused persons, wherein the petitioner is arrayed as A3.

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5. The Statement of the victim girl under section 164 Cr.P.C was recorded by the Magistrate and the medical examination of the victim girl reveals that the accused persons had committed penetrative sexual assault.

6. In the light of the above fact, this Court is not inclined to entertain the bail petition and further the release of the petitioner in this stage will leads to tampering of witness. 7.Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/03/2022 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TINDIVANAM, VILLUPURAM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to K.KATHIRESAN Advocate on payment of necessary charges SR.No.4059 CRL OP.5983/2022 Date :16/03/2022 CSK 22/03/2022 https://hcservices.ecourts.gov.in/hcservices/