Madras High CourtCRL OP/17849/2021dismissed

Indira Gandhi v. State Rep.By

2021-09-27Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Seventh day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17849 of 2021 INDIRA GANDHI [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, GINGEE, VILLUPURAM DISTRICT.

(CR.NO.17 OF 2021) For Petitioner : M/S.S.MAZHAIMENIPANDIYAN 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 was arrested on 20.08.2021 for the offence punishable under Section 366 of I.P.C R/w Section 5(1),6,17 of POCSO Act and Section 9 of CMR Act in Cr.No.17 of 2021 seek bail.

2. Totally there are two accused in this case and the petitioner herein is arrayed as A2. The case of the prosecution is that the victim girl and the accused persons are neighbours. It is alleged that at the instigation of the petitioner/ her brother/A1 kidnapped the minor victim girl for the purpose of marrying her. It is further alleged that the petitioner threatened the victim girl to marry A1, otherwise they will kill the mother and sister of the victim girl. Based on the complaint given by the mother of the victim girl the case came to be registered.

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. 4.The learned Government Advocate would submit that the petitioner/A2 induced A1 to commit the crime and also threatened the minor victim girl with dire consequences. Hence he vehemently opposed for grant of bail to the petitioner.

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5. I have heard the rival submissions and perused the 164 statements recorded from the victim girl, wherein the victim girl has clearly stated that the petitioner had tortured and compelled her to marry A1.

6. Taking into consideration the heinous nature of offence committed by the petitioner and there being pointed allegation made by the victim against the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, these Criminal Original Petition are dismissed. -sd/- 27/09/2021 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, ALL WOMEN POLICE STATION, GINGEE, VILLUPURAM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON WOMEN, CUDDALORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.MAZHAIMENIPANDIYAN Advocate on payment of necessary charges CRL OP.17849/2021 Date :27/09/2021 CSK 12/10/2021 https://hcservices.ecourts.gov.in/hcservices/