Madras High CourtCRL OP/16109/2021dismissed

Settu v. The State By

2021-09-06Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16109 of 2021 SETTU [ PETITIONER / ACCUSED ] Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUVANNAMALAI ALL WOMEN POLICE STATION, TIRUVANNAMALAI DISTRICT CRIME NO.13 OF 2021.

For Petitioner : M/S. A.SARAVANAN 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 and remanded to judicial custody on 06.07.2021 for the offences under Sections 328,354 (A)(1)(ii), 376(2)(n) and 506(i) of I.P.C in Crime No.13 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the the petitioner mixed brandy in the cool drinks and served the same to the victim girl in a function, due to which the victim girl became unconscious. Thereafter the petitioner committed penetrative sexual assault on the the victim girl and compelled her to have sex with her till her marriage. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 06.07.2021. Therefore, he prays to grant bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner committed penetrative sexual assault on the the victim girl. Hence he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by the learned Government Advocate and the nature of 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/- 06/09/2021 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, TIRUVANNAMALAI ALL WOMEN POLICE STATION, TIRUVANNAMALAI DISTRICT 2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. A.SARAVANAN Advocate on payment of necessary charges SR.No.9595 CRL OP.16109/2021 Date :06/09/2021 APN 20/09/2021 https://hcservices.ecourts.gov.in/hcservices/