Madras High CourtCRL OP/18411/2021dismissed

Prasanth @Murugan v. State Rep By

2021-10-08Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18411 of 2021 PRASANTH @MURUGAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUPPUR SOUTH, TIRUPPUR DISTRICT.

CR.NO.11/2021.

For Petitioner : M/S.G.RAJESH 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 12.08.2021 and remanded to judicial custody for the alleged offences punishable under Sections 5(1) and 6 of Protection Children From Sexual Offences Act 2012, in Crime No.11 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had forced the victim girl and sexually assaulted on her. 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 submitted that he has been in jail from 12.08.2021. He further submitted that the petitioner is the neighbour of the defacto complainant, a false case has been foisted against the petitioner. He also further submitted that the occurrence in the year 2020, however the case was registered in the year 2021 after lapse of 1 year, the case was registered. Hence he prays for grant of bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner had forced the victim girl and sexually assaulted on her. He further submitted that 164 statement has also been recorded from the victim girl. He also 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/- 08/10/2021 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, TIRUPPUR SOUTH, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE CC to M/S.G.RAJESH Advocate on payment of necessary charges CRL OP.18411/2021 Date :08/10/2021 APN 26/10/2021 https://hcservices.ecourts.gov.in/hcservices/