Madras High CourtCRL OP/6012/2022dismissed

Gowdham v. State Rep By

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.6012 of 2022 GOWDHAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TINDIVANAM.

CRIME NO.4/2021.

For Petitioner : M/S.G.MOHAMMED ASEEF Advocate For Respondent : Mrs.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 08.04.2021 at the hands of the respondent police for the alleged offences under Section 366, 341, 506(i) of IPC, 5(m), 6 of POCSO Act, in Crime No. 4 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. The case of the prosecution is that the petitioner had wrongfully restrained and committed sexual penetration to the victim girl aged about 9 years old. Hence, the complaint.

4. The learned Counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. Hence, he prays for bail to the petitioner.

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5. The learned Additional Public Prosecutor submits that the investigation already completed and the summons were sent to LW1 to LW5.

6. Considering the facts and circumstances of the case, this Court is of the view that if the petitioner released on bail at this juncture, he may tamper the witness and gain over it.

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 SUPERINTENDENT, CENTRAL JAIL, CUDDALORE.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TINDIVANAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.MOHAMMED ASEEF Advocate on payment of necessary charges CRL OP.6012/2022 Date :16/03/2022 RW 24/03/2022 https://hcservices.ecourts.gov.in/hcservices/