Periyasamy v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice C.V. KARTHIKEYAN CRIMINAL ORIGINAL PETITION No.12002 of 2022 PERIYASAMY [ PETITIONER / ACCUSED ] Vs STATE REP BY THE INSPECTOR OF POLICE, [ RESPONDENT ] ALL WOMEN POLICE STATION, PENNAGARAM, DHARMAPURI DISTRICT.

CRIME NO.6 OF 2022.

For Petitioner : M/S.A.SATHISHKUMAR Advocate For Respondent : M/S. RAJ THILAK, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who is the sole accused and who was arrested on 13.04.2022 for the alleged offences punishable under Sections 376(2)(L) of IPC in Crime No.6 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner is the brother of defacto complainant's father-in-law. The victim is the second daughter of the defacto complainant and she is a physically challenged person and she has 75% eye sight problem. On 27.01.2022, the petitioner went to the defacto complainant house and had forceful sexual intercourse with the victim and now, she is pregnant. Based on the complaint, the respondent police had registered a case against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and had not committed any offence as alleged by the prosecution and had been falsely implicated in this case. Hence he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that DNA test has been taken and the DNA report is yet to be received. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the gravity of the accusation against the petitioner and the DNA report has not been received, this Court is not inclined to grant bail to the petitioner at this stage.

6. Accordingly, the Criminal Original Petition is dismissed. -sd/- 01/06/2022 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 OFFICER INCHARGE, DISTRICT JAIL, DHARMAPURI 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PENNAGARAM, DHARMAPURI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.SATHISHKUMAR Advocate on payment of necessary charges CRL OP.12002/2022 Date :01/06/2022 RVR 10/06/2022 https://hcservices.ecourts.gov.in/hcservices/