Madras High CourtCRL OP/19042/2021dismissed

A.Chandrasekar 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.19042 of 2021 A.CHANDRASEKAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS BARGUR POLICE STATION, KRISHNAGIRI DISTRICT.

(CRIME NO.07/2021) For Petitioner : M/S A.E.KALAISELVAN 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 13.09.2021 and remanded to judicial custody for the alleged offences punishable under Sections 363,366 of I.P.C and Section 5(1)(n) and 6 of POCSO Act, 2012 in Crime No.07 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner's family and the minor victim girl are relatives. It is alleged that the petitioner had kidnapped the minor victim girl and 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 13.09.2021. Hence he prays for grant of bail to the petitioner.

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.

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5. This Court is of the view that on perusal of the 164 statement, there is serious allegation made against 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, AWPS BARGUR POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S A.E.KALAISELVAN Advocate on payment of necessary charges CRL OP.19042/2021 Date :08/10/2021 CSK 27/10/2021 https://hcservices.ecourts.gov.in/hcservices/