M.Gnanaprakash v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Seventh day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14293 of 2022 M.GNANAPRAKASH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUVANNAMALAI.

(CR.NO.16 OF 2022) For Petitioner : M/S.V.RAMANAREDDY 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 02.05.2022 for the offences punishable under Sections 376(3), 376 (2)(n) and 506(1) of IPC, 1860 and Sections 5(1), 6 and 21(1) of the Protection of Child from Sexual Offences Act, 2012 in crime No.16 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner compelled and committed rape on the victim girl aged about 15 years. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner and the victim girl are relatives and they loved each other. However, her parents with an ulterior motive to break the relationship between the petitioner and the victim foisted the present case. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that there is no love affair between https://hcservices.ecourts.gov.in/hcservices/

the petitioner and the victim girl. The petitioner has committed sexual assault on the victim girl aged about 15 years. Hence, he vehemently opposed to grant bail to the petitioner.

5. Though the learned counsel for the petitioner submitted that the petitioner fell in love with the victim girl and had physical relationship with her, on perusal of the statement recorded under Section 164 Cr.P.C. of the victim girl produced by the learned Additional Public Prosecutor revealed that the victim girl is aged about only 15 years and she was compelled and the petitioner committed rape on her. Further, there is no love affair between them. He committed penatrative sexual assault on the minor victim girl.

6. Therefore, the petitioner committed very serious and heinous offence as against the minor victim girl aged about 15 years and this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. -sd/- 27/06/2022 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, ALL WOMEN POLICE STATION, TIRUVANNAMALAI.

2 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.V.RAMANAREDDY Advocate on payment of necessary charges SR.No.10044 CRL OP.14293/2022 Date :27/06/2022 CSK 29/06/2022 https://hcservices.ecourts.gov.in/hcservices/