A.Jaffar Ali v. Home, Prohibition And Excise Department
Crl.O.P.No.14424 of 2024 T.V.THAMILSELVI, J.
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 02.06.2024, seeking bail in Crime No.07 of 2024 for the alleged offences punishable under Sections 323 & 376 of IPC.
2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that since the petitioner refused to give job to the de facto complainant in the hostel run by him in the name of Classic Ladies Hostel, the de facto complainant has given a false complaint against him. He further submitted that the petitioner has been suffering incarceration from 02.06.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for granting bail to the petitioner.
3. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that the petitioner/accused forcefully had sexual intercourse with the de facto complainant without her consent, due to which, the de facto complainant sustained injuries and taking treatment in the hospital. He further submitted that the medical reports of the victim have not yet been received. T.V.THAMILSELVI, J.
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4. He further submitted that the investigation in this case is still pending and the custodial interrogation of the petitioner is required in this case, therefore, if the petitioner is released on bail at this stage, there is a possibility of him absconding and would threaten the de facto complainant/victim.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) and perused the materials available on record including the statement of the victim recorded under Section 164 Cr.P.C.
6. Considering the submissions made by the learned Government Advocate (Criminal Side) that the investigation is at initial stage and also taking note of the victim's statement recorded under Section 164 Cr.P.C. and the nature and gravity of the offence committed by the accused, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, the Criminal Original Petition stands dismissed. 21.06.2024 ham Crl.O.P.No.14424 of 2024 https://www.mhc.tn.gov.in/judis