Madras High CourtCRL OP/18322/2021dismissed

Madhavan v. The State Rep By

2021-10-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the First day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18322 of 2021 MADHAVAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-2, ALL WOMEN POLICE STATION, TRIPLICANE, CHENNAI.

CRIME NO.2 OF 2021 For Petitioner : M/S.P.MUTHUSAMY Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 12.06.2021 and remanded to judicial custody for the alleged offences punishable under Sections 323, 342 of IPC & 17 r/w 5(m), r/w 6 of POCSO Act 2012, in Crime No.02 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons had misbehaved and sexually assaulted on the victim boys. 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 12.06.2021. He further submitted that co-accused had beeb enlarged on bail. Hence he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner along with other accused persons had misbehaved and sexually assaulted on the victim boys. He further submitted that the victim boys are aged about 10 to 12 years. He further submitted that 164 statement has also been recorded from the victim boys. 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 considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/10/2021 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, W-2, ALL WOMEN POLICE STATION, TRIPLICANE, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.MUTHUSAMY Advocate on payment of necessary charges CRL OP.18322/2021 Date :01/10/2021 JPA 21/10/2021 https://hcservices.ecourts.gov.in/hcservices/