Madras High CourtCRL OP/17337/2021dismissed

Selvaraj v. The State Repby

2021-09-28Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17337 of 2021 SELVARAJ [ PETITIONER / ACCUSED ] Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, KUNNAM POLICE STATIN, PERAMBALUR DISTRICT CRIME NO.670/2021 For Petitioner : M/S.M.VIJAYA RAGAVAN 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 and remanded to judicial custody for the alleged offences punishable under Sections 448 of IPC and 9 (m) r/w 10 of POCSO Act, 2012 in Crime No.670 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the daughter of the defacto complainant aged about 11 years was at her house alone. During that time, the accused, who is her neighbour came to her house and made a conversation with her and misbehaved by committing an aggravated sexual assault. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submits that when the victim girl was alone in her house, the petitioner has misbehaved by committing an aggravated sexual assault with the victim girl. He further submits that the statement of the victim girl u/s 164 Cr.P.C was recorded. He further submits that there is no previous against the petitioner.

5.On perusal of the statement recorded under Section under 164 of Cr.P.C, reveals that the petitioner has misbehaved by committing an aggravated sexual assault with the victim girl who is aged about 11 years.

6. Considering the facts and circumstances of the case and considering the submissions made by both counsel and also the serious allegations levelled against the petitioner, this court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 28/09/2021 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 SUPERINTENDENT, CENTRAL PRISON, TRICHY.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KUNNAM POLICE STATIN, PERAMBALUR DISTRICT.

CC to M/S.M.VIJAYA RAGAVAN Advocate on payment of necessary charges CRL OP.17337/2021 Date :28/09/2021 RW 12/10/2021 https://hcservices.ecourts.gov.in/hcservices/