Madras High CourtCRL OP/12716/2020dismissed

Koventhan v. The State Rep.By

2020-09-04Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12716 of 2020 Koventhan ... Petitioner Vs.

The State, represented by The Inspector of Police All Women Police Station Erode District.

(Crime No.11 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code, to enlarge the petitioner on bail concerned in Crime No.11 of 2020 pending investigation on the file of the respondent.

For Petitioner : Mr.C.Ramkumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 16.06.2020 for the offence punishable under Sections 10, 11(3), 12 of Protection of Children from Sexual Offences Act, 2012 and Section 506(i) of IPC, in Crime No.11 of 2020, seeks bail.

2. The case of the prosecution as per the defacto complainant/Abirami is that the petitioner who is the neighbour, in the absence of his wife and child, had committed penetrative sexual assault on the minor daughter of the defacto complainant, aged 6 years. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Till date, medical examination has not been conducted and 164 statement has not been recorded. Hence, he prays to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) would submit that there is serious allegations against the petitioner. The petitioner during the lock down period, in the absence of his family members committed penetrative sexual assault on the daughter of the defacto complainant. He would further submit that due to the lock down, till date medical examination has not been conducted and he vehemently opposed to grant bail. The petitioner's earlier bail petition in Crl.O.P.No.10425 of 2020 was dismissed by this Court on 10.07.2020.

5. It is seen that the petitioner's earlier bail application was dismissed by this Court and the investigation is also still in preliminary stage. Considering the nature of the offence and also no change in circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

-sd/- 04/09/2020 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 MAGALIR NEETHIMANDRAM (FAST TRACK MAHILA COURT), ERODE.

2 THE OFFICER INCHARGE SUB-JAIL, ERODE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ERODE DISTRICT.

CC to M/S.C.RAMKUMAR Advocate on payment of necessary charges CRL OP.12716/2020 Date :04/09/2020 cs 14/09/2020 https://hcservices.ecourts.gov.in/hcservices/