Madras High CourtCRL OP/13700/2022dismissed

Ramesh v. The State Rep By Its,

2022-06-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13700 of 2022 RAMESH [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, SOUTH AWPS POLICE STATION, TIRUPPUR DISTRICT.

CR.NO.4 OF 2022.

For Petitioner : M/S.K.SUDHAKAR 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 20.04.2022 at the hands of the respondent police for the offences punishable under Section 7 and 8 of Protection of Children from Sexual Offences Act, 2012, in Crime.No.4 of 2022, seeks bail. 2.The case of the prosecution is that the victim girl aged about 10 years. It is alleged that the petitioner is aged about 55 years, who is the neighbour of the victim girl had taken the victim girl to his house and had committed sexual assault on the victim minor girl. Hence, the complaint was registered as against the petitioner. 3.The learned counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 20.04.2022. He further 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.

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4.The learned Additional Public Prosecutor submitted that the petitioner had committed sexual assault on the victim minor girl aged about 10 years. He also produced statement recorded under Section 164 Cr.P.C. and it revealed that the petitioner had committed very serious offence against the victim girl. Hence, he vehemently opposed to grant of bail to the petitioner.

5. On perusal of the statement recorded under Section 164 Cr.P.C. revealed that the petitioner who is being the neighbour of the victim girl aged about 10 years had taken the victim girl and removed her dress and committed sexual assault on her. Though, the charge sheet was filed and the same has been taken cognizance in Spl.C.C.No.66 of 2022 on the file of the trial Court, since, the petitioner had committed very serious offence against the minor victim girl, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 14/06/2022 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, SOUTH AWPS POLICE STATION, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE DISTRICT JAIL, TIRUPPUR CC to M/S.K.SUDHAKAR Advocate on payment of necessary charges CRL OP.13700/2022 Date :14/06/2022 TA-28/06/2022 https://hcservices.ecourts.gov.in/hcservices/