Madras High CourtCRL OP/9784/2022dismissed

Govinthan v. The State Rep By

2022-04-27Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9784 of 2022 GOVINTHAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THORUGH THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, VILLUPURAM, CRIME NO.16/2022 For Petitioner : M/S. R.THIRUMOORTHY Advocate For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein, who was arrested on 10.02.2022 for the offences punishable under Sections 294(b) and 323 of IPC and Sections 5(i), 5(j)(ii) and 6 of POCSO Act, in Crime No.16 of 2022, on the file of the respondent Police, seeks bail.

2. The petitioner herein is the father of the minor girl, who has now delivered a child on 04.04.2022. A complaint has been registered alleging that the petitioner and his friend residing in the neighbouring house had caused the penetrative sexual assault on the minor girl and impregnated her.

3. The learned counsel for the petitioner would submit that the petitioner is the father of the victim girl and he has not committed any offence as alleged. Even according to the victim girl, she has not mentioned anything against this petitioner, who was implicated for sexual assault.

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4. This Court on reading the First Information Report and 164(5) statement of the victim girl and the development in this case i.e., child birth to the minor girl, considering that the investigation is to proceed once, the DNA report is received from the laboratory, which is awaited, unless and until the report is received, the presumption against this petitioner cannot be shifted, since he was the person living with the minor girl in the same room and when the matter was reported to the authorities, the girl was about 8 months pregnant. Therefore, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 27/04/2022 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 OFFICER INCHARGE, DISTRICT PRISON, VILLUPURAM.

2 THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, VILLUPURAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.9784/2022 Date :27/04/2022 RW 06/05/2022 https://hcservices.ecourts.gov.in/hcservices/