Koventhan v. The State Ep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.07.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10425 of 2020 Koventhan ... Petitioner Vs.

State, represented by The Inspector of Police All Women Police Station Erode District.

(Crime No.11 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.11 of 2020 pending investigation on the file of the respondent Police.

For Petitioner : Mr.C.Ramkumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 16.06.2020 for the offence punishable under Sections 10, 11(3), 12 of Protection of Children from Sexual Offences Act, 2012 and Section 506(i) of IPC, in Crime No.11 of 2020, seeks bail.

2. The case of the prosecution as per the defacto complainant/Abirami is that the petitioner who is the neighbour, in the absence of his wife and child, had committed penetrative sexual assault on the minor daughter of the defacto complainant, aged 6 years. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Till date, medical examination has not been conducted and 164 statement has not been recorded. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would submit that there is serious allegations against the petitioner. The petitioner during the lock down period, in the absence of his family members committed penetrative sexual assault on the daughter of the defacto https://hcservices.ecourts.gov.in/hcservices/

complainant. He would further submit that due to the lock down, till date medical examination has not been conducted and he vehemently opposed to grant bail.

5.Taking into account the serious nature of offence and that the investigation is at the preliminary stage, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

-sd/- 10/07/2020 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 MAGALIR NEETHIMANDRAM, FAST TRACK MAHILA COURT, ERODE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ERODE DISTRICT CC to M/S C.RAMKUMAR Advocate on payment of necessary charges CRL OP.10425/2020 Date :10/07/2020 RVR 23/07/2020 https://hcservices.ecourts.gov.in/hcservices/