G.Venkatesh 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.18664 of 2021 IN SPL.S.C.NO.65 of 2021 (On the file of Magalir Neethimandram, Tiruppur) G.VENKATESH [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUPPUR NORTH, TIRUPPUR DISTRICT.

CRIME NO.13 OF 2021.

For Petitioner : M/S.S.SARAVANAKUMAR 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 and remanded to judicial custody on 27.07.2021 for the alleged offences punishable under Section 5(m) r/w 6 of Protection of Child from Sexual Offences Act, 2012 in Crime No.13 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are neighbours. When the defacto complainant's daughter aged about three years went to the petitioner's house for watching T.V, the petitioner sexually abused the child. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case, infact, investigation has been completed and the case has already been taken on the file of the Sessions Judge, Magalir Needhimandram (Fast Track Court) (FAC) Tiruppur as Spl.SC.No.65 of 2021 and the bail application filed before the said Court in ECMP.No.151 of 2021 was dismissed vide order dated 14.09.2021. Therefore, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that the victim girl is aged 3 years and Section 164 Statement was recorded from the victim girl. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances and a perusal of the Statement of the Victim girl aged about 3 years under Section 164 of Cr.P.C clearly reveals that specific and serious allegations are levelled against the petitioner and in view of the gravity of the offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

6.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 MAGALIR NEETHIMANDRAM, TIRUPPUR.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TIRUPPUR NORTH, TIRUPPUR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.SARAVANAKUMAR Advocate on payment of necessary charges SR.NO.11497 CRL OP.18664/2021 Date :20/10/2021 JPA 17/11/2021