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Madras High CourtCRL OP/10217/2024dismissed

Tamilselvan @ Sathish v. State Rep By

2024-04-26Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.10217 of 2024 T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 12.03.2024 for the alleged offences punishable under Sections 5(g), 6 of Protection of Children from Sexual Offences Act, 2012 and 366 & 506(i) of IPC, in Crime No.8 of 2024, on the file of the respondent Police, seek bail.

2. Learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners suffering incarceration from 12.03.2023 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioners.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioners stating that it is the case where, the accused had abducted the minor victim girl, aged about 17 years and committed a gang sexual assault on her. He further submitted that the investigation in this case is still pending and the petitioners herein are arrayed as 3, 6 & 7. He also submitted that the victim girl has been secured and the statement under Section 164 Cr.P.C., has also been recorded from the victim girl. https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

4. He further submitted that the Goondas proposal has also initiated against these petitioners, therefore, if the petitioners are released on bail at this stage, there is every possibility of them absconding and would threaten the victim girl and her family. Hence, he vehemently objected for granting bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and taking note of the statement recorded under Section 164 Cr.P.C., from the victim girl and considering the nature and gravity of the offence committed by the accused, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition stands dismissed. 26.04.2024 ham Crl.O.P.No.10217 of 2024 https://www.mhc.tn.gov.in/judis