Madras High CourtCRL OP/15868/2021dismissed

P.Deivanayagam v. State Rep By

2021-09-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Third day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15868 of 2021 IN SPL CC NO: 33 of 2021 (ON THE FILE OF THE SPECIAL COURT FOR TRIAL POCSO ACT CASES AT CUDDALORE) P.DEIVANAYAGAM [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANRUTI, CUDDALORE DISTRICT.

CRIME NO.08 OF 2021.

For Petitioner : M/S.P.SUNDARA RAAJAN 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 13.04.2021 and remanded to judicial custody for the offences under Sections 9(1), 10 of POCSO Act and Sections 417, 376, 506(1) of IPC, in Crime No.08 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner and the victim girl loved each other, however, due to family problem of the petitioner, he refused to marry her. Thereafter, the victim girl got married with another person. The husband of the victim girl came to know about the earlier love affair of the victim girl and she was

driven out from the matrimonial home. Coming to knowledge about the matrimonial dispute, the petitioner contacted the victim girl to renew his relationship and the petitioner had sexual intercourse with the victim girl on the promise that he would marry her. Subsequently, the petitioner refused to marry her. Hence, a case has been registered against the petitioner.

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 13.04.2021. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the petitioner and the victim girl loved each other and the petitioner had sexual intercourse with the victim girl on the promise that he would marry her. Subsequently, the petitioner refused to marry her. He further submits that this Court had earlier dismissed the bail application with regard to the petitioner in Crl.O.P.No.10849 of 2021 dated 01.07.2021. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts of the case and this Court had earlier dismissed the bail application with regard to the petitioner in Crl.O.P.No.10849 of 2021 dated 01.07.2021 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/- 03/09/2021 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANRUTI, CUDDALORE DISTRICT.

THE SPECIAL COURT FOR TRIAL POCSO ACT CASES AT CUDDALORE.

CC to M/S.P.SUNDARA RAAJAN Advocate on payment of necessary charges CRL OP.15868/2021 Date :03/09/2021 RW 20/09/2021