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Madras High CourtCRL OP/9358/2021dismissed

Dilipkumar v. The State Represented By

2021-05-26Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.05.2021 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P.No.9358 of 2021 Dilipkumar ... Petitioner/Sole Accused Vs.

The State represented by, The Inspector of Police, D-2, Selvapuram Police Station, Coimbatore District.

(Crime No.315 of 2021) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with Crime No.315 of 2021 on the file of the respondent.

For Petitioner : Mr.S.N.Arunkumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 03.04.2021 for the offence punishable under Sections 376(2)(i) and 506(ii) IPC, in Crime No.315 of 2021 on the file of the respondent, seeks bail.

2.The case of the prosecution is that on 02.04.2021 at 12.30 a.m., the defacto complainant saw light on the house where his mentally retarded sister aged 30 years is living and found this petitioner coming out of the house with his cell phone on, then he found his sister was nude inside house, it is further alleged that he also intimidated the complainant with dire consequences. Hence, the complaint.

3.The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) submitted that the occurrence is grave in nature and that the petitioner had trespassed into the victim and had taken obscene photos and also committed to attempt rape on the said victim. Hence, prays for dismissal of the petition.

5. Considering the nature of offence, this Court feels this is not a fit case for grant of bail to the petitioner.

6. This Criminal Original Petition stands dismissed accordingly for the present.

-sd/- 26/05/2021 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 INSPECTOR OF POLICE, D-2, SELVAPURAM POLICE STATION, COIMBATORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.N.ARUNKUMAR Advocate on payment of necessary charges CRL OP.9358/2021 Date :26/05/2021 MK:01/07/2021 https://hcservices.ecourts.gov.in/hcservices/