Madras High CourtCRL OP/16121/2020dismissed

Gopal v. The State Rep By,

2020-10-22Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2020 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.16121 of 2020 Gopal ... Petitioner Vs.

The State rep. by The Inspector of Police, Anaicut Police Station, Kancheepuram District.

(Crime No.587 of 2020) ... Respondent Prayer:

Criminal Original Petition filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail in Crime No.587 of 2020 pending investigation on the file of the respondent Police. For Petitioner : No Appearance For Respondent : Mr.T.Shanmugarajeswaran Government Advocate (Crl. Side)

O R D E R

The petitioner who was arrested and remanded to judicial custody on 23.07.2020 for the offence punishable under Sections 294(b), 376, 506 Part II IPC, in Crime No.587 of 2020, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 21.07.2020, the petitioner raped the victim girl aged 18 years forcibly. Hence, the complaint.

3.No representation for the petitioner.

4.The learned Government Advocate (Crl.Side) would vehementaly oppose stating that the petitioner who is aged 45 years, is a married man, having two kids and committed forcible rape on the victim girl when she had gone to his house. He would further submit that the investigation is pending and the petitioner was arrested only on 23.07.2020.

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5.Taking into consideration the nature of offence and the fact that this Court has already dismissed the bail application filed by the petitioner in Crl.O.P.No.14132 of 2020 dated 11.09.2020 and there is no change in circumstances of the case and the investigation is still pending, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 22/10/2020 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, PUZHAL, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ANAICUT POLICE STATION, KANCHEEPURAM DISTRICT.

CC to M/S.G.MAGESHKUMAR Advocate on payment of necessary charges CRL OP.16121/2020 Date :22/10/2020 cs 02/11/2020 https://hcservices.ecourts.gov.in/hcservices/