Madras High CourtCRL OP/10585/2021dismissed

Thanikachalam v. State By

2021-07-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Ninth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.10585 of 2021 THANIKACHALAM [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, THIRUVANNAMALAI DISTRICT.

CR.NO.236 OF 2021.

For Petitioner : M/S.S.SILAMBUSELVAN Advocate For Respondent : MR. A. GOPINATH, 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 08.05.2021 for the offence punishable under Section Girl Missing @ 363, 366 of IPC and Section 7, 8 of POCSO Act, 2012 in Crime No.236 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police stating that on 05.05.2021, the defacto complainant's daughter was missing. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he is no way connected with the above said offences and he is in judicial custody from 08.05.2021 onwards. Hence, he prays to grant bail.

4. The learned Government Advocate submitted that the victim child has been produced before the learned Judicial Magistrate, Cheyyar. The statement of 164(5) Cr.P.C has been recorded, in which, she stated that the petitioner made a false promise stating that the petitioner/accused would drop her at her uncle's house, kidnapped the victim child, who is aged about 12 years and tried to misbehave with her. Hence, he vehemently opposed to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. It is seen from 164 statement that there is a serious allegation made against the petitioner and he tried to misbehave with her. Considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/07/2021 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, CHEYYAR POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, THIRUVANNAMALAI, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SILAMBUSELVAN Advocate on payment of necessary charges CRL OP.10585/2021 Date :09/07/2021 INBA 19/07/2021 https://hcservices.ecourts.gov.in/hcservices/