Madras High CourtCRL OP/13986/2021dismissed

Gowdham v. State Rep By

2021-08-17Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventeenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13986 of 2021 GOWDHAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, TINDIVANAM.

CRIME NO. 04 OF 2021.

For Petitioner : M/S.M.GNANASEKAR 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 08.04.2021 for the offences punishable under Sections 366, 341, 506(i) IPC and Section 5(m), 6 of POSCO Act 2012, in Crime No.04 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner had kidnapped the minor girl and sexually assaulted on 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 in jail from 08.04.2021. 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 had kidnapped https://hcservices.ecourts.gov.in/hcservices/

the minor girl and committed penetrative sexual assault on her and there is serious allegation against the petitioner. 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/- 17/08/2021 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 SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, TINDIVANAM.

+1 CC to M/S.M.GNANASEKAR Advocate on payment of necessary charges SR.NO.8878 CRL OP.13986/2021 Date :17/08/2021 RW 07/09/2021 https://hcservices.ecourts.gov.in/hcservices/