Sathishkumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13268 of 2022 SATHISHKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, TIRUPPUR CITY CRIME NO.322 OF 2022.

For Petitioner : M/S.J.FRANKLIN Advocate For Respondent : MR.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 13.04.2022 at the hands of the respondent police for the offence punishable under Section 5 (l) r/w 6 of POCSO Act in Crime No.322 of 2022, seeks bail.

2.The case of the prosecution is that the mother of the victim girl lodged the girl missing complaint stating that her daughter was missing on 10.04.2022. On investigation, it revealed that the petitioner kidnapped the victim girl and committed sexual assault on her. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner fell in love with the victim girl aged about 16 years and had physical relationship with the victim girl. Thereafter, on complaint lodged by the parents of the victim girl, the petitioner was arrested and remanded to judicial custody on 13.04.2022. He also submitted that the petitioner is an innocent person and he has been falsely implicated in the case. Hence, he prays for grant of bail to the petitioner.

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4.The learned Additional Public Prosecutor also produced statement recorded under Section 164 Cr.P.C. and it revealed that the petitioner fell in love with the victim minor girl on the pretext of marriage and they had physical relationship. The petitioner has committed very serious and heinous offence as against the victim minor girl. Hence, he vehemently opposed to grant bail to the petitioner. 5.Considering the above facts and circumstances of the case, and also considering the submissions of the learned counsels, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 09/06/2022 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 INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, TIRUPPUR CITY 2 THE OFFICER INCHARGE DISTRICT JAIL, TIRUPPUR 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.FRANKLIN Advocate on payment of necessary charges CRL OP.13268/2022 Date :09/06/2022 JPA 21/06/2022 https://hcservices.ecourts.gov.in/hcservices/