K.Mohan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14035 of 2022 K.MOHAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION ARAKKONAM, RANIPET DISTRICT (CRIME NO.04/2022) For Petitioner : M/S S.RAJA RAVI VARMA Advocate For Respondent : M/S. 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 01.04.2022 at the hands of the respondent police for the offences punishable under Section 7, 8, 17 of Protection of Children from Sexual Offences Act, 2012, r/w Section 75 of Juvenile Justice Act 2015 in Crime.No.04 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 had sexually assaulted the victim minor girl. Hence, the complaint was registered as against the petitioner.

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 produced statement recorded under Section 164 Cr.P.C. On perusal of the statement recorded under Section 164 Cr.P.C., revealed that the petitioner used to come to the house of the A2, who is the aunt of the victim girl who had also illegal intimacy with the petitioner herein. At that time, the petitioner used to sexually assault the victim by various illegal activities. That apart, the mother of the victim girl already https://hcservices.ecourts.gov.in/hcservices/

died and father is drunkard, utilising this circumstances the petitioner had committed very serious and heinous offence against the victim girl. Hence, he vehemently opposed to grant bail to the petitioner.

5.Taking note of the fact and circumstances of the case, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/06/2022 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 SUPERINTENDENT, CENTRAL PRISON, VELLORE, VELLORE DISTRICT.

2 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION ARAKKONAM, RANIPET DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S S.RAJA RAVI VARMA Advocate on payment of necessary charges CRL OP.14035/2022 Date :17/06/2022 RVR 24/06/2022 https://hcservices.ecourts.gov.in/hcservices/