Charles Singh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10901 of 2020 Charles Singh ... Petitioner Vs.

State rep. by The Inspector of Police, Perur All Women Police Station, Coimbatore District-641 016.

Cr. No.7 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., praying to enlarge the petitioner's on bail, in connection with the Crime No.7 of 2020 on the file of the respondent police pending investigation.

For Petitioner : Mr.G.Anbuchezheian, 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 21.06.2020 for the offences punishable under Section 5(I), 5(n), 6 of POCSO Act in Crime No.7 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner had committed penetrative sexual assault on the victim girl who was an inmate in the home run by him. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody from 21.06.2020. Hence, he seeks for grant of bail to the petitioner.

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3.The learned Government Advocate (Crl.Side) would submit that the petitioner was running a home in the name of New Life Home for Children at Coimbatore and thereafter, on the complaint given by the District Welfare Officer, the said home was closed. The victim girl is an orphan and taking advantage of her position, the petitioner had taken the victim to his house for doing the household work and committed penetrative sexual assault on the victim girl who is aged about 16 years. He would further submit that statement of the victim girl has been recorded and medical report is awaited. Hence, he opposed to grant bail to the petitioner.

5. Taking into consideration the serious nature of offence and the petitioner is arrested only on 21.06.2020, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 22/07/2020 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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, COIMBATORE.

2 THE OFFICER INCHARGE SUB-JAIL, POLLACHI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, PERUR ALL WOMEN POLICE STATION, COIMBATORE DISTRICT-641 016.

CC to M/S. G.ANBUCHEZHEIAN Advocate on payment of necessary charges CRL OP.10901/2020 Date :22/07/2020 cs 21/08/2020 https://hcservices.ecourts.gov.in/hcservices/