Vijay v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.03.2021 CORAM :

THE HON'BLE MR. JUSTICE P. VELMURUGAN Crl.O.P.No.5134 of 2021 Vijay ... Petitioner Vs.

The State Rep. by The Inspector of Police, All Women Police Station, Pennagaram, Dharmapuri Dt.

(Crime No.3 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.3 of 2021 on the file of the Respondent.

For Petitioner : Mr.C.Prabakaran For Respondent : Mrs.M.Prabhavathi Addl. Public Prosecutor

O R D E R

The respondent police has registered a criminal case against the petitioner in Crime No.3 of 2021 for the offence punishable under Section 366 of I.P.C. and Section 3 and 4 of POCSO Act, 2012. The petitioner was arrested and remanded to judicial custody on 31.01.2021. Accordingly, the petitioner has filed this petition seeking for bail.

2. The case of the prosecution is that the victim girl is a minor, aged about 14 years, and her mother found her missing. Hence, she has given a complaint before the respondent police. Based on that, the criminal case has been registered against the petitioner and thereafter, on investigation, it is found that the petitioner has kidnapped the minor girl and sexually assaulted her. Hence, the crime was altered into Section 366 (A) of I.P.C. and 3 and 4 of POCSO Act, 2012. In the said circumstances, the present petition has been filed seeking for bail. Now, it is stated that the victim girl was rescued.

3. The learned counsel appearing for petitioner would submit that both the petitioner and the defacto complainant have loved each other and only due to harassment of the victim girl in a cruel manner by her father, victim girl on her own, has left her house and went to the petitioner's house, and he has advised the victim girl to go to her parental house. He would submit that the petitioner is an innocent person and he has not sexually harassed the victim girl. He would submit that due to enmity, a false case has been foisted against the petitioner and he is in jail for nearly two months. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that victim girl is a minor, aged about 14 years and the petitioner is aged about 24 years. She would submit that he has only kidnapped a minor girl, and he has sexually assaulted her. Hence, a complaint was given by the victim girl's father and now, the investigation is also completed. However, she opposed to grant bail to the petitioner.

5. Taking into consideration of the fact that there is a specific overtact attributed against the petitioner, the victim is a minor girl, aged about 14 years, the petitioner is aged about 24 years and also considering the seriousness of offence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 29/03/2021 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 FAST TRACK MAHILA COURT, DHARMAPURI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE, SUB-JAIL, DHARMAPURI.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PENNAGARAM, DHARMAPURI DISTRICT.

+1CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges SR NO.4265 CRL OP.5134/2021 Date :29/03/2021 MK:08/04/2021