Sathick v. The State Rep 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.14160 of 2022 SATHICK [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AMBALUR POLICE STATION, THIRUPATHUR DISTRICT.

(CRIME NO.57/2022) For Petitioner : M/S.P.VISHNU 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 01.04.2022 for the offences punishable under Sections 363, 366, 376(2)(n) of IPC and Section 5(1) and 6 of POCSO Act, 2012 in crime No.57 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 29.03.2022, the defacto complainant's daughter aged about 17 years was missing and a girl missing case was registered.

3. The learned counsel for the petitioner would submit that the petitioner and the victim were working in the same company and the victim girl has been coerced by her family members to file the present FIR because the family members objected to consenting the friendship of the victim girl and the petitioner. Hence, he prays for grant of bail to the petitioner.

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4. The Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is arrayed as A1, who is already a married man. On the pretext of marriage, he had sexual intercourse with the victim girl. Thereafter it was found that the petitioner is already a married man and has three children. Hence, he vehemently opposed to grant bail to the petitioner.

5. The victim girl is aged about 17 years and the petitioner is a married man and gave birth to three children. While being so, he recommended for the victim's employment and utilizing the said circumstances, on the pretext of love affair, he had sexual intercourse with her. He also promised that he will marry her since his wife and three children died. Thereafter, the victim found that the petitioner is living with his wife and three children. In fact, every month salary of the victim was also looted by the petitioner. Therefore, the petitioner committed very serious and heinous offence as against the minor victim girl and this Court is not inclined to grant bail to the petitioner. 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, AMBALUR POLICE STATION, THIRUPATHUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S.P.VISHNU Advocate on payment of necessary charges CRL OP.14160/2022 Date :21/06/2022 TA-28/06/2022 https://hcservices.ecourts.gov.in/hcservices/