Sudhakar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fifth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6930 of 2022 SUDHAKAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, THIRUVANNAMALAI DISTRICT.

CR.NO.937 OF 2021.

For Petitioner : M/S R.SASIKUMAR 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 herein, who is a married person, had enticed the victim girl and had penetrative sexual assault on several occasions, which has lead to the pregnancy of the victim girl.

2. It is now reported that the victim girl has given birth to a child and the request for DNA comparison is made to ascertain the paternity. Section 164 of Cr.P.C statement of the victim girl was also recorded and formed part of the CD file. 3.The learned counsel for the petitioner states that the victim girl has attained majority and the investigation is substantially completed and hence, the petitioner may be granted bail, since he is in prison for nearly 85 days.

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4.On considering the Section 164 Cr.P.C. statement of the victim girl, it appears that the petitioner has pre-dated the young child and impregnated her. The Section 164 Cr.P.C statement indicates that victim is still under fear and trauma. The release of the petitioner on bail will traumatize the victim girl further. Since the investigation is almost at the verge of completion, the release of the petitioner is not conducive. Hence, this Criminal Original Petition for bail is dismissed.

-sd/- 25/03/2022 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, VELLORE 2 THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, THIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S V.R.APPASWAMEE Advocate on payment of necessary charges CRL OP.6930/2022 Date :25/03/2022 RVR 31/03/2022 https://hcservices.ecourts.gov.in/hcservices/