Madras High CourtCRL OP/13061/2021dismissed

Chinnasamy v. The State Rep.By

2021-08-02Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Second day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13061 of 2021 CHINNASAMY [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION UDUMALPET, TIRUPPUR DISTRICT.

CRIME NO.04 OF 2021.

For Petitioner : M/S.R.GANDHI SENIOR COUNCIL FOR K.SATHISH KUMAR Advocate For Respondent : 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 alleged offences punishable under Section 9(m), 10 of POCSO Act in Crime No.4 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that when the mother of the victim has taken the victim child along with her to the house of the petitioner, the victim has sexually harassed by the petitioner. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate submits that the petitioner sexually assaulted the victim, who is a school going child. He further submits that statement under 164 of Cr.P.S has been recorded from the victim girl. Hence, he opposed for grant of bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

5. On perusal of the 164 statements from the victim girl, the vicim girl had clearly stated that the petitioner had touched the private parts of the child and sexually harassed her.

6. Taking into consideration and facts of the case and perusal of the 164 statements recorded from the victim girl, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. -sd/- 02/08/2021 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 UDUMALPET, TIRUPPUR DISTRICT.

2 THE OFFICER INCHARGE SUB-JAIL, TIRUPUR.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.SATHISH KUMAR Advocate on payment of necessary charges CRL OP.13061/2021 Date :02/08/2021 JPA 09/08/2021 https://hcservices.ecourts.gov.in/hcservices/