Vinayagam @ Vinayaga Moorthy v. The State Rep By Its,

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.13811 of 2022 VINAYAGAM @ VINAYAGA MOORTHY [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-4, ALL WOMEN POLICE STATION, CHENNAI CRIME NO.2 OF 2022 For Petitioner : M/S.C.RAJA, 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 03.02.2022 at the hands of the respondent police for the offences punishable under Section 5 (1) (m) r/w 6 of POCSO Act, in Crime.No.02 of 2022, seeks bail.

2.The case of the prosecution is that the victim girl aged about 9 years was attending her tuition. During the course of time, the petitioner kidnapped the victim minor girl to his house and sexually abused the victim minor girl. 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 there are totally two victims. Both are sisters and they are also orphans. When they are in uncle's house, went to tuition to the petitioner's https://hcservices.ecourts.gov.in/hcservices/

house, where, he committed sexual assault on the victim minor girl. On perusal of the statement recorded under Section 164 Cr.P.C., revealed that the petitioner had committed very serious and heinous offence as against the 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 petitioner had committed very serious and heinous offence as against the victim girl, 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, W-4, ALL WOMEN POLICE STATION, CHENNAI 2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL-II, CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.RAJA, Advocate on payment of necessary charges CRL OP.13811/2022 Date :16/06/2022 JPA 24/06/2022 https://hcservices.ecourts.gov.in/hcservices/