Madras High CourtCRL OP/14570/2021dismissed

Diwakar v. State By

2021-08-17Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventeenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14570 of 2021 DIWAKAR [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-23, ALL WOMEN POLICE STATION, ROYAPETTAH, CHENNAI - 600 014.

CRIME NO.3/2021 For Petitioner : M/S. T.S.N.PRABHAKARAN Advocate For Respondent : M/S. 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 on 01.05.201 and remanded to judicial custody for the offence under Section 6 r/w 5(m) of POCSO Act, in Cr.No.3 of 2021 seeks bail.

2. The case of the prosecution is that the petitioner committed sexual assault on the minor victim girl. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

4. The learned Public prosecutor would submit that on different occasions the petitioner committed sexual assault on the minor victim girl. Hence he vehemently opposed for grant of bail to the petitioner.

5. I have heard the rival submissions and perused the 164 statements recorded from the victim girl, wherein the victim girl has clearly stated that the petitioner had sexually assaulted the victim girl.

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6. Taking into consideration gravity of offence committed by the petitioner and the earlier application was dismissed by this court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/08/2021 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, W-23, ALL WOMEN POLICE STATION, ROYAPETTAH, CHENNAI - 600 014.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. T.S.N.PRABHAKARAN Advocate on payment of necessary charges CRL OP.14570/2021 Date :17/08/2021 APN 08/09/2021 https://hcservices.ecourts.gov.in/hcservices/