Karthi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14246 of 2022 IN SPL.SC.NO.52 of 2022 (On the file of the Special Court Under POCSO Act, Nagapattinam) KARTHI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE,(AWPS) MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI DISTRICT CRIME NO.05 OF 2022 For Petitioner : M/S. C.T.SARAVANAN 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/A1, who was arrested and remanded to judicial custody on 25.03.2022 by the respondent police for the offences punishable under Sections 10, r/w 9(i) and 4 r/w 18 of POCSO Act, 2012 in Spl.SC.No.52 of 2022 on the file of the Special Court under POCSO Act, Nagapattinam in respect of Crime No.5 of 2022, seeks bail.

2. The case of the prosecution is that on 23.03.2022 at about 7.00 p.m, the defacto complainant went to the nearby grocery shop and the petitioner had followed her. When the victim girl sensed the same, she tried to escape, but the petitioner had chased her and behaved violently with her and attempted to rape her. Hence, the case.

3. The learned counsel for the petitioner would submit 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. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor would submit that the victim girl is aged about 14 years and the petitioner waylaid and sexually assaulted her. Hence, he vehemently opposed to grant bail to the petitioner.

5. On perusal of the statement recorded under Section 164 of Cr.P.C., when the victim girl aged about 14 years went to purchase milk, the petitioner waylaid and sexually assaulted her. Fortunately, the victim escaped from the petitioner and lodged the complaint. Therefore, the petitioner has committed very serious offence as against the minor victim girl and this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. -sd/- 23/06/2022 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 SPECIAL COURT UNDER POCSO ACT, NAGAPATTINAM 2 THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI DISTRICT 3 THE OFFICER INCHARGE DISTRICT JAIL, NAGAPATTINAM 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.T.SARAVANAN Advocate on payment of necessary charges CRL OP.14246/2022 Date :23/06/2022 JPA 28/06/2022 https://hcservices.ecourts.gov.in/hcservices/