Madras High CourtCRL OP/12669/2021dismissed

Balamurugan v. State Rep By

2021-07-22Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Second day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12669 of 2021 BALAMURUGAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SETHIYATHOPE, CUDDALORE DISTRICT.

(Crime No.6 of 2021) For Petitioner : M/S.M.I. JAVID AKBAR 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 03.04.2021 for the alleged offences punishable under Sections 294(b), 506(ii) of IPC and Section 5(m) read with Section 6 of POCSO Act in Crime No.6 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant has lodged a complaint before the respondent police against her husband as the petitioner herein abused her in filthy language and threatened her. On 02.04.2021, under influence of alcohol, the petitioner misbehaved with his daughter, who is aged about 7 years. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent persons and he has been falsely implicated in this case. Due to the family dispute, a false complaint has been lodged against him. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate would submit that this is the second bail application filed by the petitioner and this Court has already dismissed the earlier bail application of the petitioner. Under influence of alcohol, the petitioner sexually assaulted the minor victim child and abused his wife and mother-in-law. Hence, he vehemently opposed for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the gravity of offence and the earlier bail petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 22/07/2021 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 SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SETHIYATHOPE, CUDDALORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.I.JAVID AKBAR Advocate on payment of necessary charges SR.NO.7681 CRL OP.12669/2021 Date :22/07/2021 INBA 29/07/2021 https://hcservices.ecourts.gov.in/hcservices/