Madras High CourtCRL OP/15541/2022dismissed

Satheeshkumar v. The State Rep By Its,

2022-07-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of July Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.15541 of 2022 SATHEESHKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE POLICE STATION, TIRUPPUR SOUTH, TIRUPPUR DISTRICT CR.NO.3 OF 2022.

For Petitioner : M/S.M.SELVAM 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 07.04.2022 for the offences punishable under Sections 5(I), 5(i)(ii) and Section 6 of POCSO Act in Crime No. 3 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the pretext of marriage, the petitioner had taken the victim girl aged about 16 years into the public toilet and committed penetrative sexual assault, due to which, the victim girl became pregnant. Thereafter, the victim girl became pregnant.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the offence as alleged by the prosecution. He further submits that, he has been suffering incarceration from 07.04.2022. Hence, he sought for bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that petitioner had committed penetrative sexual assault on the victim minor girl, due to which she became pregnant. Hence, he vehemently opposed for granting bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner which is heinous in nature, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 06/07/2022 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 OFFICER INCHARGE, SUB JAIL, TIRUPPUR 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE POLICE STATION, TIRUPPUR SOUTH, TIRUPPUR DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.SELVAM Advocate on payment of necessary charges CRL OP.15541/2022 Date :06/07/2022 RVR 15/07/2022