Madras High CourtCRL OP/19943/2021dismissed

Manikandan v. State Rep By

2021-11-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19943 of 2021 MANIKANDAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AVINASHI POLICE STATION, TIRUPPUR DISTRICT.

CRIME NO. 743 OF 2021.

For Petitioner : M/S. S.ARJUN Advocate For Respondent : M/S. 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 04.07.2021 for the alleged offences punishable under Sections 366 of IPC and Section 5(1) r/w 6 of Protection of Children from Sexual offences Act,2012 in Crime No.743 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner being a married man kidnapped the victim girl and sexually assaulted her. Based on the complaint given by the mother of the victim girl, the case came to be registered.

3. The learned counsel for the petitioner submitted that the petitioner is a innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that the petitioner compelled the victim girl to have sex with her and also threatened her with dire consequences. He further submits that the statement of the victim under Section 164 of Cr.P.C reveals that she is a school going girl and she has not attained majority. He further https://hcservices.ecourts.gov.in/hcservices/

submits that this Court by its Order in Crl.OP.No.17003 of 2021 dated 22.09.2021 dismissed the petitioner's earlier bail petition. Hence, he vehemently opposed for grant of bail to the petitioner. 6.Considering the grave nature of offence committed by the petitioner against the school going girl and there is no change of circumstances after the dismissal of the petitioner's earlier bail petition, this Court is not inclined to grant bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/11/2021 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, AVINASHI POLICE STATION, TIRUPPUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE +1 CC to M/S. S.ARJUN Advocate on payment of necessary charges SR.No.11723 CRL OP.19943/2021 Date :01/11/2021 APN 17/11/2021 https://hcservices.ecourts.gov.in/hcservices/