Madras High CourtCRL OP/10147/2021dismissed

Diwakar v. State By

2021-06-15Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifteenth day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.10147 and 9832 of 2021 DIWAKAR [ PETITIONER / ACCUSED IN CRL.OP.NO.10147/2021 ] R.YUVRAJ [ PETITIONER / ACCUSED IN CRL.OP.NO.9832/2021 ] Vs STATE BY [RESPONDENT IN BOTH THE PETITIONS] THE INSPECTOR OF POLICE, W-23, ALL WOMEN POLICE STATION, ROYAPETTAH, CHENNAI - 600 014.

CRIME NO.3/2021 For Petitioner : M/S. T.S.N.PRABHAKARAN Advocate (IN CRL.OP.NO.10147/2021) M/S. V.JAISAHKAR Advocate (IN CRL.OP.NO.9832/2021) For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) (IN BOTH THE PETITIONS) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners in both the petitions were arrested on 01.05.2021 for the offence punishable under Sections 6 r/2 5(m) of POCSO Act in Cr.No.3 of 2021 seek bail.

2. The case of the prosecution as per Crl.O.P.No.9832 of 2021 is that the petitioner committed sexual assault on the minor victim girl. Hence, the complaint.

3. The case of the prosecution as per Crl.O.P.No.10147 of 2021 is that the petitioner committed sexual assault on the minor victim girl. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.

4. The learned Public prosecutor would submit that on different occasions the petitioners committed sexual assault on the minor victim girl. Hence he vehemently opposed for grant of bail to the petitioners.

5. I have heard the rival submissions and perused the 164 statements recorded from the victim girl, wherein the victim girl has clearly stated that the petitioners had sexually assaulted the victim girl.

6. Taking into consideration gravity of offence committed by the petitioners, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, these Criminal Original Petition are dismissed. -sd/- 15/06/2021 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 2 THE OFFICER INCHARGE, SUB JAIL, SAIDAPET, CHENNAI-15.

3 THE INSPECTOR OF POLICE, W-23, ALL WOMEN POLICE STATION, ROYAPETTAH, CHENNAI - 600 014.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. T.S.N.PRABHAKARAN Advocate on payment of necessary charges CRL OP.Nos.10147 and 9832 of 2021 Date :15/06/2021 RVR 30/06/2021