Madras High CourtCRL OP/14109/2021dismissed

Thanikachalam v. State By

2021-08-11Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14109 of 2021 THANIKACHALAM [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHEYYAR POLICE STATION, THIRUVANNAMALAI DISTRICT.

(CR.NO.236 OF 2021) For Petitioner : M/S.S.SILAMBU SELVAN Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 08.05.2021 and remanded to judicial custody for the alleged offences punishable under Section Girl Missing @ 363, 366 of IPC, and Section 7, 8 of POCSO Act, 2012, in Crime No.236 of 2021, on the file of the respondent police, seeks bail.

2. This is the second bail application filed before this Court. The case of the prosecution is that the dafacto complainant's daughter was missing. After verification reveals that the petitioner had kidnapped the minor girl and misbehaved her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the petitioner has been in jail from 08.05.2021. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the statement of 164 Cr.P.C has been recorded , in which, she has stated that there is serious allegation made against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. This Court is of the view that on perusal of the 164 statement, there is serious allegation made against the petitioner and earlier application was dismissed by this Court and he is a habitual offender, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 11/08/2021 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 INSPECTOR OF POLICE, CHEYYAR POLICE STATION, THIRUVANNAMALAI DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL,THIRUVANNAMALAI,VELLORE.

3 THE OFFICER INCHARGE, SUB JAIL, VANDAVASI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SILAMBU SELVAN Advocate on payment of necessary charges CRL OP.14109/2021 Date :11/08/2021 CSK 02/09/2021 https://hcservices.ecourts.gov.in/hcservices/