Madras High CourtCRL OP/19604/2021dismissed

Rasu v. The State Rep By

2021-10-21Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19604 of 2021 RASU [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, POLUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

CR NO.7/2021.

For Petitioner : M/S.G.RAJESH 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 16.08.2021 and remanded to judicial custody for the alleged offences punishable under Sections 376(3), 376(2)(n) IPC, 5(j)(ii) r/w and 6 of Protection Children From Sexual Offences Act 2012, in Crime No.7 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is the husband of the elder sister of the victim girl and he had sexual intercourse with her and as a result, she become pregnant. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is in no way connected with the alleged offences by the prosecution and he has been falsely implicated in this case. He further submitted that he has been in jail from 16.08.2021. He further submitted that the petitioner was to take care of the entire family. Hence he prays for grant of bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner is the husband of the elder sister of the victim girl and he had sexual intercourse with her. He further submitted that statement under Section 164 of Cr.P.C., has also been recorded from the victim girl. He also further submitted that there is serious allegations made against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

5. On a perusal of the statement recorded under Section 164 Cr.P.C,, it is seen that there are serious allegations 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/- 21/10/2021 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, POLUR POLICE STATION, TIRUVANNAMALAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S.G.RAJESH Advocate on payment of necessary charges CRL OP.19604/2021 Date :21/10/2021 TA-02/11/2021 https://hcservices.ecourts.gov.in/hcservices/