Madras High CourtCRL OP/18422/2021dismissed

Vijay 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.18422 of 2021 VIJAY [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, POLICE STATION,CHENGAM, TIRUVANNAMALAI DISTRICT.

CR. NO.54/2021 For Petitioner : M/S.P.BALAMURUGAN 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 17.07.2021 and remanded to judicial custody for the alleged offences punishable under Sections 366(A) @ 363, 366, 376(2)(n) IPC and Sec 5(1) r/w 6 of POCSO Act 2012 and Sec 9 of Prohibition of Child Marriage Act, 2006, in Crime No.54 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had kidnapped the victim girl and sexually assaulted her on several occasions. On 27.01.2021 , the petitioner married the victim girl against her wishes 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 by the prosecution and he has been falsely implicated in this case. He further submits that he has been in jail from 17.07.2021. Hence he prays for grant of bail to the petitioner.

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 https://hcservices.ecourts.gov.in/hcservices/

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, POLICE STATION, CHENGAM, TIRUVANNAMALAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL JAIL, VELLORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.P.BALAMURUGAN Advocate on payment of necessary charges CRL OP.18422/2021 Date :01/10/2021 INBA-20/10/2021 https://hcservices.ecourts.gov.in/hcservices/