Madras High CourtCRL OP/15649/2021dismissed

D.Venkatesan v. State Rep By Its

2021-09-13Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15649 of 2021 D.VENKATESAN [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS, TIRUVANNAMALAI, TIRUVANNAMALAI, CRIME NO. 12/2021.

For Petitioner : M/S. P.JAYACHANDRAN Advocate For Respondent : M/S. 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 28.06.2021 and remanded to judicial custody for the offence under Sections 363, 366 of IPC and Section 5(1), 5(j)(ii) and Section 6 of POCSO Act in Cr.No.12 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is the sole accused in this case and he was working as a Teacher, where the victim was studying. The petitioner had sexual relationship with the victim by promising to marry her, due to which, she got pregnant. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. The parents of the victim alone solemnized the marriage to the petitioner and the victim and they arranged the matrimonial home to them. Due to difference of opinion, the victim went to her parental home and lodged a false complaint. Hence, he seeks bail to the petitioner.

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4.The learned Government Advocate submitted that the petitioner is a teacher, where the victim girl was studying. While the victim was studying at 9th standard, the petitioner raped the victim girl. Thereby, she got pregnant and delivered a girl baby. Hence, he vehemently objected to grant bail to the petitioner.

5. Considering the gravity of the offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 13/09/2021 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, AWPS, TIRUVANNAMALAI, TIRUVANNAMALAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE +1 CC to M/S. P.JAYACHANDRAN Advocate on payment of necessary charges SR.No.9924 CRL OP.15649/2021 Date :13/09/2021 APN 23/09/2021 https://hcservices.ecourts.gov.in/hcservices/