Madras High CourtCRL OP/17677/2021dismissed

Subash v. The State Rep.By

2021-09-24Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fourth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17677 of 2021 SUBASH [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, GINGEE.

CRIME.NO.02/2020 For Petitioner : M/S.D.KUMARALINGAM 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 25.05.2020 for the offence punishable under Sections 366 of IPC r/w Section 5(g), 6 and 8 of the Protection of Child From Sexual Offences Act, 2012, in Crime No.2 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 girl and raped her. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner has been in jail from 25.05.2020. 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 in Crl.O.P.No.11078 of 2021 dated 06.07.2021 and there is no change of circumstances. 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 heinous offence, and earlier petition 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/- 24/09/2021 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 STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, GINGEE 2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.D.KUMARALINGAM Advocate on payment of necessary charges CRL OP.17677/2021 Date :24/09/2021 INBA-07/10/2021 https://hcservices.ecourts.gov.in/hcservices/