Madras High CourtCRL OP/16956/2020dismissed

Senthilvel@Senthil v. State Rep By

2020-10-22Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.16956 of 2020 Senthilvel @ Senthil ... Petitioner

Versus

State rep by:- ... Respondent The Inspector of Police, All Women Police Station, Ranipet.

(Crime No.09 of 2020) Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.09 of 2020 on the file of the respondent police.

For Petitioner : Mr.G.Pavendhan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)

ORDER

(This case has been heard through video conferencing) The petitioner who was arrested and remanded to judicial custody on 14.08.2020 for the alleged offences publishable under Section 5(m) read with Section 6 and 5(1) read with Section 6 of Protection of Children from Sexual Offences Act, in Crime No.09 of 2020, on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner approached the victim girl and sexually abused her in the guise of teaching driving of motor cycle and also sexually abused her when was in her kitchen. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner and the father of the victim girl are friends and due to enmity in respect of money, a false case has been foisted against the petitioner. He would submit that the petitioner is in judidcial custody for more than 63 days from 14.08.2020. Hence he prays to grant bail by the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose stating that the petitioner is the friend of the father of the victim girl who is aged about 12 years. He would submit that the petitioner had committed sexual assault on the victim girl when she was in kitchen and also sexually abused her in the guise of teaching driving of motor cycle. He would further submit that the statement has been recorded from the victim girl under Section 164 Cr.P.C.

5. Heard the learned counsels and perused the materials placed on record.

6. Taking into account that the nature of offence, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

-sd/- 22/10/2020 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 SPECIAL JUDGE FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT-2012, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET.

+1 CC to M/S G.PAVENDHAN Advocate on payment of necessary charges SR.NO.7091 CRL OP.16956/2020 Date :22/10/2020 TA-29/10/2020 https://hcservices.ecourts.gov.in/hcservices/