Prabu v. The State Rep. By Its

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.11867 of 2022 PRABU [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, PAPPIREDDIPATTI POLICE STATION, DHARMAPURI.

(CRIME NO.16 OF 2022) For Petitioner : M/S.A.ILAYAPERUMAL 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 16.01.2022 at the hands of the respondent police for the offences punishable under Section 366(A) of IPC and Sections 5(I), 5(j)(ii), 6

(1) of Protection of Children from Sexual Offence Act, 2012, in Crime No.16 of 2022, seeks bail.

2. The case of the prosecution is that the victim girl is aged about 16 years. The petitioner compelled the victim girl to come with him in his bike and took her to his home 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 investigation has been completed and charge sheet has been laid. The petitioner was arrested and remanded to judicial custody on 16.01.2022. Hence, he sought for bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that the victim girl is aged about 16 years. The petitioner is already a married man and had committed aggravated penetrative sexual assault on the victim girl. He had also produced the statement recorded under Section 164 Cr.P.C. A perusal of the statement revealed that on compulsion, the petitioner had committed aggravated penetrative sexual assault on the victim girl, due to which, she got pregnant and she also gave birth to a child. That apart, the petitioner is already a married person and have a female child. 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 SUPERINTENDENT, CENTRAL PRISON, SALEM.

2 THE INSPECTOR OF POLICE, PAPPIREDDIPATTI POLICE STATION, DHARMAPURI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.A.ILAYAPERUMAL Advocate on payment of necessary charges SR.NO. 8484 CRL OP.11867/2022 Date :06/06/2022 RW-09/06/2022 https://hcservices.ecourts.gov.in/hcservices/