Madras High CourtCRL OP/11493/2022dismissed

Sakthivel v. State Rep By

2022-06-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

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.11493 of 2022 SAKTHIVEL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AVINANKUDI POLICE STATION, THITTAKUDI TALUK, CUDDALORE DISTRICT.

(CR.NO.100/2022) For Petitioner : M/S.M.ELIYARAJA 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/Accused, who was arrested and remanded to judicial custody on 01.04.2022 for the offence punishable under Sections 9(L), 9(n) and 10 of Prohibition of Children from Sexual Offence Act 2012 in Crime No.100 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl is aged about 16 years and sexually tortured by her own father, the petitioner herein. Hence, the complaint.

3. The learned counsel for the petitioner would submit that this is a false case foisted against the petitioner and has not committed any offence as alleged and he is no way connected with the alleged offence. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner is the father of the victim girl and he sexually tortured her. Hence, he vehemently opposed to grant bail to the petitioner.

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5. On perusal of the statement recorded under Section 164 of Cr.P.C reveals that the victim girl is aged about 16 years. Her own father used to sexually harassed her during night, when she was sleeping. Therefore, she could not be able to continue her studies. It is further revealed that the victim girl does not went to live with her parents. Therefore, now she is residing in home.

6. Considering the nature of the allegation against the petitioner, the submissions made on either side and that in view of the serious offence committed by the petitioner as against the minor victim girl, this Court is not inclined to grant bail to the petitioner. 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 INSPECTOR OF POLICE, AVINANKUDI POLICE STATION, THITTAKUDI TALUK, CUDDALORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL JAIL, CUDDALORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.M.ELIYARAJA Advocate on payment of necessary charges SR.No.8641 CRL OP.11493/2022 Date :06/06/2022 CSK 09/06/2022 https://hcservices.ecourts.gov.in/hcservices/