Madras High CourtCRL OP/16087/2021dismissed

Chinnasamy v. The State Rep By

2021-09-06Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16087 of 2021 CHINNASAMY [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UDUMALPET, TIRUPPUR DISTRICT.

(CRIME NO.4/2021) For Petitioner : M/S K.SATHISH KUMAR 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 and remanded to judicial custody on on 18.06.2021 for the offences under Section 9(m) and 10 of POCSO ACt in Crime No.4 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the mother of the victim has taken the victim child along with her to the house of the petitioner, the victim had sexually harassed the petitioner. Hence, the complaint

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 18.06.2021. Therefore, he prays to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner sexually assaulted the victim, who is a school going child. He further submits that statement under 164 of Cr.P.C has been recorded from the victim girl. https://hcservices.ecourts.gov.in/hcservices/

He further submits that this Court had earlier dismissed the bail application in Crl.O.P.No.13061 of 2021 dated 02.08.2021 Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and this Court had earlier dismissed three bail application for the petitioner 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/- 06/09/2021 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UDUMALPET, TIRUPPUR DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, TIRUPPUR.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S K.SATHISH KUMAR Advocate on payment of necessary charges CRL OP.16087/2021 Date :06/09/2021 INBA 20/09/2021 https://hcservices.ecourts.gov.in/hcservices/