Madras High CourtCRL OP/12246/2021dismissed

Chandiraganesh v. Inspector Of Police

2021-07-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifteenth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12246 of 2021 CHANDIRAGANESH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE AWPS, BARGUR, KRISHNAGIRI DISTRICT.

CRIME NO. 03 OF 2021 For Petitioner : M/S M.P.SARAVANAN 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 on 16.04.2021 and remanded to judicial custody for the offences under Sections 7, 8, 11(6), 12 POCSO Act, u/s. 506(i) IPC in Cr.No.03/2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has taken some photos and videos of the victim girl, while she was taking bath and compelled her for sexual relationship. Thereafter, the said action of the petitioner was informed by the victim girl to her father. Hence, the father of the victim girl had lodged a complaint before the respondent police. Due to which, the petitioner was arrested by the law enforcing agency.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. Hence prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl.Side) submitted that the mobile phone of the petitioner has been seized and videos of the victim girl have been deleted and the investigation is pending and https://hcservices.ecourts.gov.in/hcservices/

since very serious allegation are levelled against the petitioner in the 164 statement recorded by the Police, he strongly opposed to grant anticipatory bail to the petitioner.

5. A perusal of 164 statement reveals that the petitioner herein has videographed the victim girl while taking bath and threatened her for sexual relationship. Since the offence is very heinous in nature and further considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/07/2021 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, AWPS, BARGUR, KRISHNAGIRI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.12246/2021 Date :15/07/2021 JPA 26/07/2021 https://hcservices.ecourts.gov.in/hcservices/