Senthilkumar v. The State Repby
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Seventeenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15885 of 2021 SENTHILKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION(WEST), COIMBATORE DISTRICT.
(CRIME NO.04 OF 2021) For Petitioner : M/S.A.TAMILARASAN 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 05.06.2021 and remanded to judicial custody for the offences punishable under Sections 11(4) and 12 of the Protection of Children From Sexual Offences Act, 2012, in Spl.C.C.No.46 of 2021 on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, in Crime No.04 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is the father of the defacto complainant. On 01.06.
2021, the defacto complainant went to bathroom for taking bath, at that time, the petitioner is watching the defacto complainant while she is bathing by holding the door, and on noticing the same, the defacto complainant intimated to her grandmother and her grand mother advised the defacto complainant to record the video when the incident repeats in future. Thereafter, on 03.06.2021 as per advise of her grandmother, the defacto complainant fixed a mobile phone near the bathroom door and went for taking bath. The petitioner once again had seen the bathing of the defacto complainant and the same was recorded by her in the mobile phone. Hence, the defacto complainant has given a complaint before the respondent police, thereby the case has been registered.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the https://hcservices.ecourts.gov.in/hcservices/
prosecution and he has been falsely implicated in this case. He further submitted that the petitioner has been in jail from 05.06.2021. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that as per direction of this Court on 03.09.2021, the District Child Welfare Officer, Coimbatore to conduct an enquiry and submitted a report before this Court stating that the petitioner is an alcohol addict and there is serious allegation raised against this petitioner. Hence, he vehemently opposed for grant of bail to the petitioner. 5.Considering the facts and circumstances of the case and on perusal of the report submitted by the District Child Welfare Officer, Coimbatore, this Court is not inclined to grant bail to the petitioner, as the offence committed by the petitioner is very serious in nature.
6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/09/2021 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(WEST), COIMBATORE DISTRICT.
2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.A.TAMILARASAN Advocate on payment of necessary charges CRL OP.15885/2021 Date :17/09/2021 CSK 05/10/2021 https://hcservices.ecourts.gov.in/hcservices/