Madras High CourtCRL OP/15686/2022dismissed

Thirumalai v. The State Rep By

2022-07-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of July Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.15686 of 2022 THIRUMALAI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, JAMUNAMARATHUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

CR.NO.78 OF 2022.

For Petitioner : M/S.M.MARIAPPAN 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 25.04.2022 for the offences punishable under Sections 366, 376(i), 511 of I.P.C read with Section 7 and 8 of POCSO Act in Crime No. 78 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 19.04.2022 at about 10.30.p.m., on the pretext of marriage, the petitioner kidnapped the victim girl and committed penetrative assault.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence as alleged by the prosecution. He further submits that, he has been suffering incarceration from 25.04.2022. Hence, he sought for bail to the petitioner.

4. The learned Additional Public Prosecutor submits that already this Court dismissed the petitioner's bail petition in Crl.O.P.No.13657 of 2022 dated 16.06.2022. Hence, he vehemently opposed for granting bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/07/2022 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 SUPERINTENDENT, CENTRAL PRISON, VELLORE 2 INSPECTOR OF POLICE, JAMUNAMARATHUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges CRL OP.15686/2022 Date :07/07/2022 RVR 15/07/2022