Madras High CourtCRL OP/17907/2021dismissed

Moorthy v. State Rep.By

2021-10-04Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17907 of 2021 MOORTHY [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION EAST, COIMBATORE CITY.

CRIME.NO.15/2021.

For Petitioner : M/S. A.S.BALAJI 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 on 23.08.2021 and remanded to judicial custody for the alleged offences punishable under Sections 9(n), 9(l), r/w 10 of POCSO Act and Section 506(1) of IPC, in Crime No.15 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is the distance relative of the defacto complainant. Further, the petitioner had sexually assaulted on the victim girl. Hence the complaint.

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 by the prosecution and he has been falsely implicated in this case. He further submits that he has been in jail from 23.08.2021. He further submitted that the petitioner is the distance relative of the defacto complainant, there was family dispute, a false case has been foisted against the petitioner. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner had sexually assaulted on the victim girl. He further submitted that 164 statement has also been https://hcservices.ecourts.gov.in/hcservices/

recorded from the victim girl. He further submitted that there are serious allegations made against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

5. On perusal of the 164 statement and there are serious allegations made against the petitioner and he has involved in very heinous offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 04/10/2021 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION EAST, COIMBATORE CITY.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S. A.S.BALAJI Advocate on payment of necessary charges CRL OP.17907/2021 Date :04/10/2021 INBA-20/10/2021 https://hcservices.ecourts.gov.in/hcservices/