Madras High CourtCRL OP/11268/2021dismissed

M.Palanivel v. State Rep. By

2021-07-23Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Third day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.11268 of 2021 M.PALANIVEL [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THUDIYALUR, COIMBATORE DISTRICT.

CRIME NO.6 OF 2021 For Petitioner : M/S.J.POTHIRAJ Advocate For Respondent : MR.A.GOPINATH Govt. Advocate (Crl. Side) 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 12.04.2021 for the offence punishable under Section 5 (m), 5(n) and 6 read with Section 14(2), 15(1) and 15(2) of the Protection of Child from Sexual Offences Act, 2012 in Crime No.6 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner misbehaved with the victim, who is a minor, and taken some obscene photographs. Hence, the defacto complainant, who is mother in law of the victim, lodged a complainant against the petitioner before the respondent police.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has nothing to do with the alleged offence and prayed for grant bail to the petitioner.

4. The learned Government Advocate submitted that the victim has been produced before the learned Judicial Magistrate, Coimbatore and recorded the 164 statement. In which, she stated that the petitioner had sexually assaulted the victim and taken some ob-scene photographs with her. Hence, he vehemently opposed to grant bail to the petitioner.

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5. On a perusal of 164 statement, the victim girl has stated serious allegation against the petitioner. Considering the gravity of the offence made by the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 23/07/2021 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, ALL WOMEN POLICE STATION, THUDIYALUR, COIMBATORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.J.POTHIRAJ Advocate on payment of necessary charges SR NO.7782 CRL OP.11268/2021 Date :23/07/2021 MK:29/07/2021 https://hcservices.ecourts.gov.in/hcservices/