Sivasankaran v. State Rep By Its
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.19204 of 2021 SIVASANKARAN [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] THE STATION HOUSE OFFICER, THIRUNALLAR POLICE STATION, THIRUNALLAR, KARAIKAL DISTRICT, PUDUCHERRY.
(CR.NO.108/2021) For Petitioner : M/S. R.MURUGABHARATHI Advocate For Respondent : MR.V.BALAMURUGANE, PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested on 07.08.2021 and remanded to judicial custody for the alleged offences punishable under Sections 8 of Protection of Child From Sexual Offences Act, 2012 and under Section 506(ii) of IPC, in Crime No.108 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had entered into the house of the defacto complainant and sexually assaulted her minor daughter and threatened her with dire consequences. 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 and he has been falsely implicated in this case. He further submits that the petitioner has been in jail from 07.08.2021. Hence he prays for grant of bail to the petitioner.
4. The learned Public Prosecutor (Puducherry) submitted that the petitioner had entered into the house of the defacto complainant and sexually assaulted her minor daughter and threatened her with dire consequences. He further submits that there is serious allegation https://hcservices.ecourts.gov.in/hcservices/
made against the petitioner and this Court had dismissed the bail application for the petitioner in Crl.O.P.No.17110 of 2021 dated 17.09.2021.. Hence, he vehemently opposed for grant of bail to the petitioner.
5. This Court is of the view that on perusal of the FIR, there is serious allegation made against the petitioner and considering the gravity of offence this Court had dismissed the bail application for the petitioner in Crl.O.P.No.17110 of 2021 dated 17.09.2021 and there is no change of circumstances,, 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 STATION HOUSE OFFICER, THIRUNALLAR POLICE STATION, THIRUNALLAR, KARAIKAL DISTRICT, PUDUCHERRY.
2 THE SUPERINTENDENT, CENTRAL PRISON, PUDUCHERRY.
3 THE PUBLIC PROSECUTOR HIGH COURT, PUDUCHERRY.
CC to M/S. R.MURUGABHARATHI Advocate on payment of necessary charges CRL OP.19204/2021 Date :08/10/2021 CSK 27/10/2021 https://hcservices.ecourts.gov.in/hcservices/