Karuppusamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.06.2020 CORAM :

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.8834 of 2020 Karuppusamy ... Petitioner Vs.

State Rep. By ... Respondent TheInspector of Police, All Women Police Station, Gobichettipalayam.

Cr.No.2 of 2020.

Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in Crime No.2 of 2020 on the file of the respondent police. For Petitioner : Mr.A.V.Arun For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to the judicial custody on 16.04.2020 for the alleged offences punishable under section 6 of Protection of Children from Sexual Offences Act, in Crime No.2 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous enmity, the petitioner had sexually assaulted the defacto complainant's minor daughter who was aged about 16 years. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would also submit that the petitioner is the neighbour of the defacto complainant. He would further submit that due to previous enmity between the two https://hcservices.ecourts.gov.in/hcservices/

families, a false and fabricated case has been foisted against the petitioner. Hence, he seeks for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that the victim girl is aged about 16 years. He would further submit that the statement under Section 164 of Cr.P.C of the victim is yet to be recorded and the investigation is still pending. He would also submit that the medical examination in respect of the petitioner and the victim girl was also not completed. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Taking into consideration the allegations and also the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the petitioner is essential, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/06/2020 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 SESSIONS JUDGE, MAHALIR NEETHI MANDRAM (FAST TRACK MAHILA COURT), ERODE.

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

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to M/S.A.V.ARUN Advocate on payment of necessary charges CRL OP.8834/2020 Date :17/06/2020 TA-10/11/2020 https://hcservices.ecourts.gov.in/hcservices/