Madras High CourtCRL OP/16496/2021dismissed

Pandiyan @ Akash v. State Rep. By

2021-09-15Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16496 of 2021 PANDIYAN @ AKASH [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PUDUPETTAI, CUDDALORE DISTRICT.

(CRIME NO.613 OF 2021).

For Petitioner : M/S. M.VIJAYA RAGAVAN 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 07.08.2021 and remanded to judicial custody for the alleged offences punishable under Sections 307, 354(A), 354(B), of IPC r/w Sec.12 of POCSO Act @ 354(A), 354(B), 302 of IPC r/w Sec.12 of POCSO Act @ 306 of IPC r/w Sec.4(B) of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.613 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had given love tortured to the victim girl. Hence, the complaint was given against the petitioner before the respondent police station and the case was registered in Crime No.10 of 2021 for the offence punishable under Sections 354(A), 354(D) & 506(i) of IPC and Sec 4 TNPWH Act and Sec. 7 & 8 of POCSO Act. Further, the petitioner was arrested and remanded to judicial custody, thereafter, he was released on bail. After coming out on bail, again, the petitioner had once again started to give love torture to the victim girl and threatened her to withdraw the case, due to which, the deceased had consumed pesticide, later she died. Hence, the complaint.

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3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He would further submit that the petitioner and the deceased are lovers. He further submits that the petitioner has been in jail from 07.08.2021. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner had instigated the victim girl to commit suicide, thereby she had consumed pesticide, later she died. He further submits that there is serious allegation made against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

5. This Court is of the view that on perusal of the 164 statement and dying declaration of the victim girl that the petitioner is solely responsible for her suicide and there is serious allegation made against the petitioner and considering the gravity of offence, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 15/09/2021 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, PUDUPETTAI, CUDDALORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE CC to M/S. M.VIJAYA RAGAVAN Advocate on payment of necessary charges CRL OP.16496/2021 Date :15/09/2021 APN 04/10/2021 https://hcservices.ecourts.gov.in/hcservices/