M.Arun Prasath v. The State Rep By

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.18405 of 2021 M.ARUN PRASATH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SOORAMANGALAM, AWPS POLICE STATION, SALEM CR NO.26/2021 For Petitioner : M/S.M.SHANKAR Advocate For Respondent : M/S. 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 15.07.2021 and remanded to judicial custody for the alleged offences punishable under Sections 5(1), 5(j)(ii) R/W 6 of POCSO Act 2012 and Section 11(ii), 12 POCSO Act and Section 506(i) of IPC, in Crime No.26 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had taken a photograph of the victim girl in his mobile phone and showing the obscenity photo to the victim girl and threatened her to co-operate with the petitioner for sexual intercourse and committed penetrative sexual assault and intimidated 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 15.07.2021. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for https://hcservices.ecourts.gov.in/hcservices/

the respondent submitted that the petitioner had sexually assaulted on the victim girl and threatened her with dire consequences. He further submitted that 164 statement has also been 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 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, SOORAMANGALAM, AWPS POLICE STATION, SALEM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM CC to M/S.M.SHANKAR Advocate on payment of necessary charges CRL OP.18405/2021 Date :01/10/2021 APN 20/10/2021 https://hcservices.ecourts.gov.in/hcservices/