Madras High CourtCRL OP/14565/2021dismissed

S.Surya v. State Rep. By

2021-08-18Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14565 of 2021 S.SURYA [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, BARGUR, KRISHNAGIRI DISTRICT.

CRIME NO.4 OF 2021 For Petitioner : M/S. J.PRADEEP Advocate For Respondent : MR. MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested on 18.06.2021 and remanded to judicial custody for the offences under Sections 366(A), 506(i) of I.P.C., r/w Section 5(1) and 6 of POCSO and Section 9 of Child Marriage Act, 2006 in Crime No.4 of 2021, on the file of the respondent police, seek bail.

2. This is the second bail application filed before this Court. The case of the prosecution is that the petitioner under the pretext of love kidnapped the minor girl namely Surendhiri and married her and abused her by committing penetrative sexual assault on her. Hence the law enforcing registered the case against the petitioner. 3.The learned counsel appearing for the petitioner would submit that the petitioner and the victim girl married and both of them lived as husband and wife. Thereafter, the victim girl has not liked the marriage and due to vengeance, she had give the false case against the accused. Hence, he prays for grant of bail to the petitioner.

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4. The learned Government Advocate submits that the petitioner under the pretext of love kidnapped the minor girl namely Surendhiri and married her and abused her by committing penetrative sexual assault on her. He further submits that if the petitioner is released on bail there is a possibility of threatening of the victim girl and tampering the witness. He further submits that the investigation is not yet completed. Hence he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that earlier application was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly this Criminal Original petition is dismissed.

-sd/- 18/08/2021 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, ALL WOMEN POLICE STATION, BARGUR, KRISHNAGIRI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. J.PRADEEP Advocate on payment of necessary charges CRL OP.14565/2021 Date :18/08/2021 JPA 08/09/2021 https://hcservices.ecourts.gov.in/hcservices/