Madras High CourtCRL OP/7331/2022dismissed

R.Saravanan @ Ragu v. State Rep By

2022-04-12Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twelfth day of April Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.7331 of 2022 R.SARAVANAN @ RAGU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, POLUR ALL WOMEN POLICE STATION, TIRUVANNAMALAI DISTRICT.

CRIME NO. 14 OF 2021.

For Petitioner : M/S.S.B.VISWANATHAN Advocate For Respondent : M/S.L.BASKARAN, Government Advocate (Crl.Side) 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 06.12.2021 for the offences under Sections 376(2)(n) of IPC r/w Sections 5(l), 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act 2012 in Crime No.14 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had sexually abused the minor victim girl who is aged about 16 years and as a result,she became pregnant and delivered a male child on 04.12.2021. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that he was suffering incarceration for more than 4 months from 06.12.2021. Hence, he prays to grant bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) submits that the charge sheet also filed and now, the case is posted for framing of charges pending before the Thiruvannamalai Magalir Court in Spl.SC.No.15 of 2021. He further submits that there is no change of circumstances after the dismissal of the petitioner's earlier bail petition in Crl.OP.No.182 of 2022 dated 07.01.2022. He further submits that the minor girl was sexually harassed by the petitioner. If the petitioner is released on bail, he may tamper the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering gravity of the offence, this Court not inclined to grnat bail. Accordingly, this Criminal Original Petition is dismissed. However, the trial Court is directed to dispose the case within three months from the date of receipt of a copy of this order. -sd/- 12/04/2022 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, POLUR ALL WOMEN POLICE STATION, TIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.B.VISWANATHAN Advocate on payment of necessary charges CRL OP.7331/2022 Date :12/04/2022 RW 22/04/2022 https://hcservices.ecourts.gov.in/hcservices/