Madras High CourtCRL OP/15452/2021dismissed

Pazhanimurugan v. The State Rep By

2021-08-27Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Seventh day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15452 of 2021 PAZHANIMURUGAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NELLIKUPPAM POLICE STATION, PANRUTTI TALUK, CUDDALORE DISTRICT.

(CRIME NO.586/2021) For Petitioner : M/S.S.ARUNKUMAR 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 on 20.07.2021 and remanded to judicial custody for the offences under Sections 354-A(1)(i), 376, 511, 294(b) of IPC, in Crime No.586 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant and the petitioner belong to different communities. Further, the petitioner had misbehaved the defacto complainant and pushed her and sexually assaulted her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 20.07.2021. He further submits that the petitioner filed a bail application in CMP.No.586 of 2021 and the same was dismissed on 30.07.2021 before the learned Additional District and Sessions Judge, Cuddalore. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the petitioner had misbehaved with the defacto complainant. He further submits that this is the second bail application and the earlier bail application was dismissed by this Court in Crl.O.P.No.13816 of 2021 dated 09.08.2021. Hence, he vehemently opposed for grant of bail to the petitioner. 5.Considering the facts and circumstances of the case and earlier this Court had dismissed the bail application 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/- 27/08/2021 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 INSPECTOR OF POLICE, NELLIKUPPAM POLICE STATION, PANRUTTI TALUK, CUDDALORE DISTRICT.

2 THE OFFICER INCHARGE, VEDAMPATTU DISTRICT PRISON, VILLUPURAM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.ARUNKUMAR Advocate on payment of necessary charges CRL OP.15452/2021 Date :27/08/2021 INBA 14/09/2021