Thirumalai v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K.ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13657 of 2022 THIRUMALAI [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE JAMUNAMARATHUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

CRIME NO.78 OF 2022.

For Petitioner : M/S.M.MARIAPPAN, 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 25.04.2022 at the hands of the respondent police for the offences punishable under Section 366, 376 (i), 511 of I.P.C. r/w 7 and 8 of POCSO Act, in Crime.No.78 of 2022, seeks bail. 2.The case of the prosecution is that, on 19.04.2022 at 10.30 p.m. victim girl aged about 16 years was missing and the defacto complainant lodged a complaint before the respondent police. On investigation and the statement received, the petitioner kidnapped the victim girl and sexually abused her. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner. 4.

The learned Additional Public Prosecutor submitted that on the pretext of marriage, the petitioner kidnapped the minor victim girl and have committed sexual assault on the victim girl aged about 16 years. Therefore, the petitioner had committed very serious and https://hcservices.ecourts.gov.

heinous offence as against the minor victim girl. Therefore, he vehemently opposed to grant bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case and 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/- 16/06/2022 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 JAMUNAMARATHUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL JAIL, VELLORE.

CC to M/S.M.MARIAPPAN, Advocate on payment of necessary charges CRL OP.13657/2022 Date :16/06/2022 TA-28/06/2022 https://hcservices.ecourts.gov.in/hcservices/