Iliyas v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Nineteenth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.12457 of 2021 ILIYAS [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VANDAVASI, TIRUVANNAMALAI CRIME NO.3 OF 2020 For Petitioner : M/S B.JAWAHAR Advocate For Respondent : Mr.A.Gopinath Government 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 26.07.2021 for the offence punishable under Section 366(A), 363, 366, 376(DA) of IPC and Section 5(g) read with 6 of POCSO Act 2012 in Crime No.3 of 2020 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner along with other accused persons kidnapped the victim, who is a minor, aged about 14 years, and committed gang penetrative sexual assault on the victim child. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has nothing to do with the alleged offence and a false case has been foisted against him and he is in judicial custody from 26.07.2021. Hence, he prayed for grant bail to the petitioner.

4. The learned Government Advocate submitted that the victim has been produced before the learned Judicial Magistrate, Vandavasi and recorded 164 statement. In which, she stated that on 24.07.2020, the petitioner along with the other accused persons kidnapped the victim and committed gang penetrative sexual assault on the victim girl. Hence, he vehemently opposed to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. On perusal of 164 statement, the victim has stated that the petitioner along with other accused made gang rape on her and also clearly revealed the incident. Considering the gravity of the offence and there is specific overt act of the accused and period of judicial custody, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 19/07/2021 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, VELLORE 2 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUVANNAMALAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S B.JAWAHAR Advocate on payment of necessary charges CRL OP.12457/2021 Date :19/07/2021 RVR 29/07/2021 https://hcservices.ecourts.gov.in/hcservices/