Pandiyan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11740 of 2022 IN Spl.S.C.NO.40 of 2022 (On the file of Sessions Judge, Mahila Court (FAC),Tiruppur) PANDIYAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION TIRUPPUR NORTH, TIRUPPUR CITY.

(CR.NO.4 OF 2022) For Petitioner : M/S. C.S.SARAVANAN Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor 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 03.02.2022 at the hands of the respondent police for the offences punishable under Sections 506(i) of IPC and Sections 5(1), 6, 4(2), 11(4) of Protection of Children from Sexual Offences (POCSO) Act, 2012, Section 66(E) of IT Act, in Crime No.4 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner alleged to have committed sexual assault on the victim girl who is aged about 15 years. He had also taken photographs without dress and kept as a profile picture in the social media. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not involve in the crime as alleged by the prosecution. The petitioner was arrested and remanded to judicial custody on 03.02.2022. Hence, he sought for bail to the petitioner.

4. The learned Additional Public Prosecutor had produced the statement recorded under Section 164 Cr.P.C. A perusal of the statement revealed that the petitioner fell in love with the victim girl. On the pretext of false marriage, he had taken the victim girl and compelled to have physical relationship with her. Thereafter, he had also taken nude photographs of the victim girl and kept as profile picture in the social media. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration of the above facts and circumstances of the case, since the petitioner has committed very serious and heinous offence as against the victim girl, this Court is not inclined to grant bail to the petitioner.

6.

Accordingly, this Criminal Original Petition is dismissed. -sd/- 06/06/2022 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 SESSIONS JUDGE, MAHILA COURT (FAC), TIRUPPUR.

2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUPPUR NORTH, TIRUPPUR CITY.

3 THE SUPERINTENDENT, CENTRAL PRISON,COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.11740/2022 Date :06/06/2022 CSK 09/06/2022