Madras High CourtCRL OP/19065/2021dismissed

Sarathi v. The 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.19065 of 2021 SARATHI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION(SOUTH), CRIME NO.9 OF 2021 For Petitioner : M/S.P.PONPANDIAN 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 20.07.2021 and remanded to judicial custody for the alleged offences punishable under Sections 5(m) r/w(6) of Prohibition of Children of Sexual Offence Act ( POCSO) in Crime No.9 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and victim girl are neighbours. It is alleged that when the victim girl was alone in her house, the petitioner committed sexual assault on her. Hence, the law enforcing agency registered a case against the petitioner.

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 jail from 20.07.2021. Hence he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) submitted that the statement of 164 Cr.P.C has been recorded , in which, she has stated that the petitioner committed sexual assault on her and there is serious allegation made against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

5. This Court is of the view that on perusal of the 164 statement, there is serious allegation made against the petitioner and considering the gravity of 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/- 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(SOUTH), TIRUPUR DISTRICT.

2 THE OFFICER INCHARGE, SUB JAIL, TIRUPUR.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P. PONPANDIAN Advocate on payment of necessary charges CRL OP.19065/2021 Date :08/10/2021 JPA 27/10/2021 https://hcservices.ecourts.gov.in/hcservices/