Madras High CourtCRL OP/11799/2022dismissed

Perumal v. Inspector Of Police

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.11799 of 2022 PERUMAL [ PETITIONER / ACCUSED ] Vs INSPECTOR OF POLICE [ RESPONDENT ] ALL WOMEN POLICE, RANIPET, RANIPET DISTRICT.

CRIME NO.27/2021.

For Petitioner : M/S.G.NIRMAL KRISHNAN Advocate For Respondent : M/S. 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 24.12.2021 at the hands of the respondent police for the offences punishable under Sections 5(j)(ii) r/w Section 6 of POCSO Act, 2012, in Crime No.27 of 2021, seeks bail.

2. The case of the prosecution is that the victim girl is aged about 13 years and she was enticed by the accused and had aggravated penetrative sexual assault on the victim girl. 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 24.12.2021. Hence, he sought for bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the victim girl is aged about only 13 years and she was raped by her own paternal uncle, due to which, she was pregnant. He had further produced the statement recorded under Section 164 Cr.P.C. A perusal of the statement revealed that the victim girl is aged about only 13 years and she was raped by her own paternal uncle and had committed aggravated penetrative sexual assault on the victim girl. Hence, he vehemently opposed to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

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 SUPERINTENDENT, CENTRAL JAIL, VELLORE 2 INSPECTOR OF POLICE ALL WOMEN POLICE, RANIPET, RANIPET DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.G.NIRMAL KRISHNAN Advocate on payment of necessary charges CRL OP.11799/2022 Date :06/06/2022 RVR 09/06/2022 https://hcservices.ecourts.gov.in/hcservices/