Jeyasuriya v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19251 of 2021 JEYASURIYA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, 15-VELAMPALAYAM POLICE STATION, TIRUPPUR CITY.

CRIME NO.1363 OF 2021 For Petitioner : M/S.J.FRANKLIN 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 25.07.2021 and remanded to judicial custody for the offences punishable under Section 363 of I.P.C and 7 r/w 8 of POCSO Act, 2012 and Section 4 Non Act in Crime No.1363 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and victim girl developed love through social media and thereafter the petitioner eloped with the victim girl. Hence the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner had not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that the petitioner abducted the victim girl for the purpose of marrying her. He further submits that statement under Section 164 of Cr.P.C was also recorded, wherein the girl had stated that the petitioner eloped with the victim girl and when they were staying in Kanyakumari lodge https://hcservices.ecourts.gov.in/hcservices/

the petitioner locked the room and he went outside and the victim girl was alone in the room. The victim girl further submits that the petitioner using the google pay account of the victim girl spent huge money and moreover the petitioner also asked the victim girl about the valuable kept in the house of the victim girl. He further submits that this Court vide order dated 15.09.2021 in Crl.OP.No.16452 of 2021 dismissed the petitioner's earlier bail petition. Hence, he vehemently opposed for grant of bail to the petitioner.

5. On perusal of 164 statements recorded from the victim girl it is seen that the petitioner has spent huge amount belonging to the victim girl and he has forced the victim girl to bring the valuables and cash from the victim girl's house.

6. Considering the facts and circumstances of the case and on perusal of 164 statements, there are serious allegations against the petitioner and also considering the fact that there is no change of circumstances after the dismissal of the petitioner's earlier bail petition. Hence this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 20/10/2021 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, 15-VELAMPALAYAM POLICE STATION, TIRUPPUR CITY.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. J.FRANKLIN Advocate on payment of necessary charges CRL OP.19251/2021 Date :20/10/2021 JPA 28/10/2021 https://hcservices.ecourts.gov.in/hcservices/