Madras High CourtCRL OP/13784/2021dismissed

Kumar v. Inspector Of Police

2021-08-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Ninth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13784 of 2021 KUMAR [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] TIRUCHENGODE RULAS POLICE STATION, NAMAKKAL DISTRICT.

(CRIME NO.377/2021) For Petitioner : M/S V.BALAMURUGAN Advocate For Respondent : MR.C.E.PRATAP, 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 16.06.2021 for the offences punishable under Section 366(A) IPC, 5(1),5(n) r/w 6,16,17 and 18 of POCSO Act, 2012, in Crime No.377 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner had kidnapped the victim girl and sexually assaulted her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the petitioner has been jail from 16.06.2021. Hence he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the statement of 164 Cr.P.C has been recorded, in which, she has stated that the petitioner, who is a married man, had kidnapped the victim girl and committed penetrative sexual assault on her and there is serious allegation against the https://hcservices.ecourts.gov.in/hcservices/

petitioner. He further submit tht the petitioner is a married man and he black mailing the victim girl. Hence, he vehemently oppose for the grant of bail to the petitioner.

5. This Court is of the view that on perusal of the 164 statement, there is serious allegation made against the petitioner and the investigation is pending this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. -sd/- 09/08/2021 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 TIRUCHENGODE RULAS POLICE STATION, NAMAKKAL DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S V.BALAMURUGAN Advocate on payment of necessary charges CRL OP.13784/2021 Date :09/08/2021 CSK 17/08/2021 https://hcservices.ecourts.gov.in/hcservices/