Madras High CourtCRL OP/15783/2021dismissed

Abu Hussain Gazi v. State Repby

2021-09-02Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Second day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15783 of 2021 ABU HUSSAIN GAZI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, POONAMALLEE, THIRUVALLUR DISTRICT.

CRIME NO.12 OF 2021.

For Petitioner : M/S.R.SASIKUMAR 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 25.07.2021 and remanded to judicial custody for the offences under Sections 376(i), 450 and 506(i) of IPC, 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 had committed rape and sexually abused on the defacto complainant. Hence, the complaint.

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 25.07.2021. He further submitted that the petitioner and the defacto complainant are belongs to same state, there was a previous enmity, a false case has been foisted against the petitioner. Therefore, he prays to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that absence of the defacto complainant's husband, the petitioner committed rape on the defacto complainant. He further submitted that the investigation is at preliminary stage. Hence, he vehemently opposed for grant of bail to the petitioner. 5.Considering the facts and circumstances of the case and also the fact that the petitioner has involved in very serious offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 02/09/2021 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 STATION HOUSE OFFICER, ALL WOMEN POLICE STATION, POONAMALLEE, THIRUVALLUR DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.15783/2021 Date :02/09/2021 JPA 24/09/2021 https://hcservices.ecourts.gov.in/hcservices/