Ilyas v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15073 of 2021 ILYAS [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VANDAVASI, TIRUVANNAMALAI DISTRICT .

(CRIME NO.3/2020) For Petitioner : M/S A.KUMANARAJA 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 and remanded to judicial custody on 26.07.2020 for the offence under Sections 366A, 376 (D) of IPC 4 and 6 of POCSO Act, in Crime No.3 of 2020 on the file of the respondent police, seeks bail.

2. This is the second bail application filed before this Court. The case of the prosecution is that the petitioner along with other accused persons had kidnapped the victim, who is a minor, aged about 14 years, and committed gang penetrative sexual assault on the victim child. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit 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 (Crl. Side) submitted that earlier bail application was dismissed by this Court and there is no change of circumstances and there is a serious allegation made against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

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5.Considering the facts and circumstances of the case and also the fact that the petitioner has involved in very offence and 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.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 24/08/2021 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, VANDAVASI, TIRUVANNAMALAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 CC to M/S A.KUMANARAJA Advocate on payment of necessary charges SR.NO.9049 CRL OP.15073/2021 Date :24/08/2021 INBA 20/09/2021 https://hcservices.ecourts.gov.in/hcservices/