Madras High CourtCRL OP/10905/2022dismissed

Dhinesh v. The State Rep By

2022-05-12Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twelfth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.A.NAKKIRAN CRIMINAL ORIGINAL PETITION No.10905 of 2022 DHINESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SATHYAMANGALAM.

(CRIME NO.02/2022) For Petitioner : M/S. R.THIRUMOORTHY Advocate For Respondent : MR.L.BASKARAN,Govt. Advocate(Crl. Side) 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 19.04.2022 for the offences punishable under Sections 366(a) of IPC and 5(1), 5(j),(ii) & 6 of POCSO Act, 2012 in Crime No.2 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had developed love affair with the defacto complainant's daughter, who is aged about 17 years and on the false promise of marrying her, had sexual intercourse with her and impregnated her. Hence, the complaint.

3. Learned counsel for the petitioner would submit that the petitioner and the victim girl were in love with each other and the victim girl development relationship out of love affair and the petitioner married the victim girl. He would further submit that the petitioner has been suffering incarceration from 19.04.2022. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. Learned Government Advocate (Crl. Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that the accused had sexually assaulted the victim girl who is aged about 17 years and the investigation is still pending.

5. Considering the gravity of offence and the stage of investigation, this Court is not inclined to grant bail to the petitioner.Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 12/05/2022 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, ALL WOMEN POLICE STATION, SATHYAMANGALAM,ERODE.

2 THE OFFICER INCHARGE DISTRICT PRISON, GOPICHETTYPALAIYAM, ERODE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.10905/2022 Date :12/05/2022 CSK 17/05/2022 https://hcservices.ecourts.gov.in/hcservices/