Madras High CourtCRL OP/8947/2021dismissed

Marimuthu @ Koiyamari v. The State Rep By

2021-06-02Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2021

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.8947 of 2021 Marimuthu @ Koiyamari ... Petitioner Vs.

The Inspector of Police, Vellore North Police Station, Vellore District.

Crime No.39 of 2020.

... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to grant bail to the petitioner pending investigation in S.C.No.37 of 2020 in Crime No.39 of 2020 on the file of the Magalir Neethi Mandram (Fast Track Mahila Court), Vellore.

For Petitioner : Mr.V.Manimaran for Mr.D.Balaji For Respondent : Mr.E.Raj Thilak Government Advocate (Crl side) - - - -

O R D E R

This Criminal Original Petition has been filed to grant bail to the petitioner pending investigation in S.C.No.37 of 2020 in Crime No.39 of 2020 on the file of Magalir Neethi Mandram (Fast Track Mahila Court), Vellore.

2. The case of the prosecution is that the petitioner along with three other accused, committed robbery from the female victim. It is the further case of the prosecution that victim girl of the lover along with three other accused committed gang rape on the victim.

3. The learned counsel appearing for the petitioner would submit that the petitioner was remanded to judicial custody on 21/1/2020. He would further submit that the petitioner has been falsely implicated in this case.

4. The learned counsel appearing for the Government of Tamil Nadu (Criminal Side) would submit that trial has already commenced and P.W.1 victim is also examined.

https://hcservices.ecourts.gov.in/hcservices/

5. As the allegations appear to be serious, particularly relating to the alleged gang rape and robbery and also considering the fact that the trial has already commenced, this Court is not inclined to grant bail to the petitioner and this petition deserves to be dismissed.

6. In view of the above, this Criminal Original Petition is dismissed.

-sd/- 02/06/2021 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, MAGALIR NEETHI MANDRAM, (FAST TRACK MAHILA COURT), VELLORE.

2 THE SUPERINTENDENT, CENTRAL JAIL, VELLORE.

3 THE INSPECTOR OF POLICE, VELLORE NORTH POLICE STATION, VELLORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.BALAJI Advocate on payment of necessary charges CRL OP.8947/2021 Date :02/06/2021 MK:06/07/2021 https://hcservices.ecourts.gov.in/hcservices/