Madras High CourtCRL OP/9075/2021dismissed

Dhandapani v. State Rep By

2021-05-13Honourable Mr Justice G. Chandrasekharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirteenth day of May Two Thousand Twenty One PRESENT The Hon`ble Mr Justice G. CHANDRASEKHARAN CRIMINAL ORIGINAL PETITION No.9075 of 2021 DHANDAPANI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, WEST POLICE STATION, COIMBATORE CITY.

CRIME NO.2 OF 2021.

For Petitioner : M/S.S.ASHOK KUMAR Advocate For Respondent : MR. S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 29.03.2021 for the offences punishable under Sections 5 (m), 5(l) r/w 6 of POCSO Act, 2012 & Section 376AB of IPC in Crime No.2 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner who is aged 49 years is said to have committed aggravated sexual assault against the victim girl who is aged 7 years and 11 months.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case for the reason that there was enmity in connection with Landscapers Welfare Association.

4.The learned Additional Public Prosecutor strongly opposes this petition on the ground that the act of the petitioner in committing aggravated sexual assault is so serious and it is evident from 164 Cr.P.C statement of the victim girl wherein she clearly elaborated the aggravated sexual act of the petitioner.

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

5. Taking note of the serious offence committed by the petitioner and the fact that the investigation is not completed, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/05/2021 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 SUPERINTENDENT, CENTRAL PRISON, COIMBATORE 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, WEST POLICE STATION, COIMBATORE CITY.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.ASHOK KUMAR Advocate on payment of necessary charges CRL OP.9075/2021 Date :13/05/2021 RVR 28/06/2021 https://hcservices.ecourts.gov.in/hcservices/