Manimaran v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17460 of 2021 MANIMARAN [ PETITIONER / ACCUSED ] Vs THE STATION HOUSE OFFICER, [ RESPONDENT ] KOTTUCHERY POLICE STATION, KARAIKAL.

(CRIME NO.90/2021 DATED 23.08.2021) For Petitioner : M/S S.P.VIJAYARAGAVAN Advocate For Respondent : MR.V.BALAMURUGANE PUBLIC PROSECUTOR FOR PUDUCHERRY PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was remanded to judicial custody on 24.08.2021 for the offence under Section 12 of Prevention of Children from Sexual Offences Act, 2012 in Cr.No.90 of 2021 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the victim girl is a citizen of France and she came to the defacto complainant's house at Karaikal, Pondicherry. The defacto complainant is the maternal uncle of the victim girl. The petitioner has brother relationship with the victim, however, it is alleged that from the year 2017 onwards, he used to send obscene message to the victim and used to abuse her. The petitioner was warned by the defacto complainant's family as well as by the victim's family, however, he continued sending obscene messages. Since the petitioner threatened the victim's mother that if the victim was not given in marriage with him, he will spread the morphed picture of the victim in the social media, the defacto complainant lodged the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution.

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4.The learned Public Prosecutor (Pondicherry) would submit that the petitioner started harassing the victim girl by sending obscene messages from the year 2017 onwards and he was warned by the defacto complainant's family as well as by the victim's family, however, now he has threatened the victim's family that he will spread the morphed picture of the victim in the social media.

5.This Court perused the statement of the victim girl recorded through video and there are serious allegations as against the petitioner. Hence, considering the fact that if the petitioner is released on bail, he will affect the reputation of the victim girl in the general public, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 06/10/2021 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, KOTTUCHERY POLICE STATION, KARAIKAL.

2 THE SUPERINTENDENT, CENTRAL PRISON, PONDICHERRY.

3 THE PUBLIC PROSECUTOR HIGH COURT, PUDUCHERRY.

+1CC to M/S S.P.VIJAYARAGAVAN Advocate on payment of necessary charges SR.NO.11116 CRL OP.17460/2021 Date :06/10/2021 CSK 22/10/2021 https://hcservices.ecourts.gov.in/hcservices/