Nagaraj v. The State Rep By

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.13289 of 2022 NAGARAJ [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUPPUR SOUTH POLICE STATION, TIRUPUR DISTRICT.

CRIME NO.237 OF 2022.

For Petitioner : M/S.DEEPAN UDAY 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 28.03.2022 at the hands of the respondent police for the offences punishable under Sections 5(1) r/w 6 of Protection of Children from Sexual Offence Act, 2012, in Crime No.237 of 2022, seeks bail.

2. The case of the prosecution is that on the pretext of marriage, the petitioner kidnapped the victim girl who is aged about 13 years and had committed sexual assault on the victim girl. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 28.03.2022. The petitioner has nothing to do with the allegation as alleged by the prosecution. The petitioner had fell in love with the victim girl and as such a false complaint has been foisted as against the petitioner. Hence, he sought for bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that the petitioner on the pretext of marriage, had committed sexual assault on the minor victim girl who is aged about only 13 years. He had also produced the statement recorded under Section 164 Cr.P.C. A perusal of the statement revealed that the petitioner on the pretext of marriage had committed sexual assault on the victim girl on several occasions. 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/- 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, TIRUPUR SOUTH POLICE STATION, TIRUPUR DISTRICT.

2 THE SUPERINTENDENT, CENTRAL JAIL, COIMBATORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.DEEPAN UDAY Advocate on payment of necessary charges CRL OP.13289/2022 Date :09/06/2022 JPA 17/06/2022 https://hcservices.ecourts.gov.in/hcservices/