Madras High CourtCRL OP/16975/2024dismissed

V.Rajapandi v. The State Rep By

2024-07-19Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.No.16975 of 2024 T.V.THAMILSELVI, J.

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 16.04.2024, seeking bail in Crime No.128 of 2024 for the alleged offences punishable under Section 366A of IPC and Sections 6 & 8 of Protection of Children from Sexual Offences Act 2012.

2. Learned counsel appearing for the petitioner submitted that this is the second application for bail filed by the petitioner and his earlier bail application in Crl.O.P.No.14131 of 2024 was dismissed by this Court on 18.06.2024. He also submitted that the petitioner is no way connected with the alleged offence and due to the family dispute, a false complaint has been given against the petitioner. He further submitted that petitioner is in custody from 16.04.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for bail.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that, it is the case, where, the petitioner, who is a married man, had kidnapped the minor victim girl and forcefully committed repetitive penetrative sexual assault on her. He further submitted that the case is under investigation.

https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

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4. He also submitted that this is the second application for bail filed by the petitioner and the earlier bail application filed by him was dismissed by this court on 18.06.2024 on considering the Statement recorded from the victim girl under Section 164 Cr.P.C. He further submitted that there is no change in circumstances, therefore, if the petitioner is released on bail at this stage, there is a possibility of him absconding and not available for further investigation and would also threaten the victim girl. Hence, he vehemently opposed for granting bail to the petitioner.

5. Taking into consideration the facts and the submissions made by the learned Government Advocate (Criminal Side) that there is no change in circumstances and considering the conduct of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition stands dismissed. 19.07.2024 ham Crl.O.P.No.16975 of 2024 https://www.mhc.tn.gov.in/judis