Madras High CourtCRL OP/9567/2021dismissed

Jayakumar v. The Inspector Of Police

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.9567 of 2021 Jayakumar ... Petitioner Vs.

State represented by ... Respondent The Inspector of Police, Muthupet Police Station, Thiruvarur District.

(Crime No.314 of 2021) PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.314 of 2021 on the file of the Inspector of Police, Muthupet Police Station, Thiruvarur District.

For Petitioner : Mr.Swamisubramanian For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 20.04.2021 for the offences under Sections 366(A) I.P.C. altered to Section 366 (A) I.P.C. And Section 6, 5(1) of Protection of Children from Sexual Offences Act 2012 in Cr. No.314 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that petitioner who is arrayed as accused, in the pretext of love, eloped with the defacto complainant's minor daughter. Hence the complaint.

3. The learned counsel for the petitioner submits that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 20.04.2021 Therefore, he prays to grant bail to the petitioner.

4. Learned Government Advocate (Crl. Side) vehemently opposed the submissions of the learned counsel for the petitioner. He submits that the petitioner is the paternal uncle of the victim https://hcservices.ecourts.gov.in/hcservices/

girl and he eloped with the victim girl. He further submits that the victim girl was subjected to the medical examination and report is awaited. The statement of the victim girl has to be recorded by the learned Sessions Judge, Fast Tract Mahila Court, Tiruvarur. Hence he vehemently objects to grant bail to the petitioner.

5. Considering the submissions of the learned Government Advocate, this Court is not entertained to grant bail to the petitioner as it is too early for the petitioner to approach this Court for grant of bail. Accordingly, this petition is dismissed. -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 SESSIONS JUDGE, FAST TRACT MAHILA COURT, THIRUVARUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE MUTHUPET POLICE STATION, THIRUVARUR DISTRICT.

4 THE OFFICER INCHARGE DISTRICT PRISON, NAGAPATTINAM.

CC to M/S.SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.9567/2021 Date :26/05/2021 TA-17/06/2021 https://hcservices.ecourts.gov.in/hcservices/