Kannan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14213 of 2022 KANNAN [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ACHARAPAKKAM POLICE STATION, MADHURANTHAGAM TALUK, CHENGALPATTU DISTRICT.

(CRIME NO.52 OF 2022) For Petitioner : M/S. G.K.SEKAR 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 23.03.2022 at the hands of the respondent police for the offences punishable under Sections 363, 366, 366(A), 376(3), 376(2)(n), 506(i) of IPC and Sections 4 and 6 of POCSO Act, 2012 in Crime No.52 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner kidnapped the victim girl aged about 16 years and committed rape on her. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not involve in the crime as alleged by the prosecution. Due to the quarrel between the defacto complainant's family and the petitioner's family, a false complaint has been foisted as against the petitioner. The petitioner was arrested and remanded to judicial custody on 23.03.2022. Hence, he sought for bail to the petitioner.

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4. The learned Additional Public Prosecutor had produced the statement recorded under Section 164 Cr.P.C. A perusal of the statement revealed that on 13.02.2022, the petitioner kidnapped the victim girl and had raped the victim girl. Hence, he vehemently opposed to grant bail to the petitioner.

5. That apart, the petitioner is already a married person and he had two wives and children. Even then, on the pretext of marriage, the petitioner has committed the very serious and heinous offence as against the victim girl aged about 16 years. Further, the earlier bail petition filed by the petitioner was dismissed by this Court on 06.06.2022 in Crl.OP.No.11679 of 2022 and this is the second bail petition. Even then, there is no change of circumstances in this case. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. -sd/- 21/06/2022 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, ACHARAPAKKAM POLICE STATION, MADHURANTHAGAM TALUK, CHENGALPATTU DISTRICT.

2 THE OFFICER INCHARGE SUB-JAIL, CHENGALPET 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. G.K.SEKAR Advocate on payment of necessary charges CRL OP.14213/2022 Date :21/06/2022 JPA 28/06/2022 https://hcservices.ecourts.gov.in/hcservices/