Kumaresan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20192 of 2021 IN P.R.C.No.3 of 2019 (On the file of the Judicial Magistrate, Vanoor) KUMARESAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VANUR POLICE STATION, VILLUPURAM DISTRICT.

CRIME NO.3 OF 2019.

For Petitioner : M/S. R.SASIKUMAR Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 294(b), 366, 342, 354(A), 376(D) of IPC r/w 511 and 506(ii) of IPC r/w Section 4 of Women Harassment Act in P.R.C.No.3 of 2019 on the file of the Judicial Magistrate, Vanoor seeks bail. 2.The case of the prosecution is that on 30.12.2018, when the defacto complainant waiting for bus at 8.00 P.M. the petitioner/A-2 along with A-1, took the defacto complainant in a car and assured her to drop at her working place. Subsequently, the petitioner driven the car in some other way and threatened her by showing deadly weapon not to make any noise. Somehow, she got escaped from them and lodged a complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the earlier bail application filed by the petitioner in Crl.O.P.No.16567 of 2021 was dismissed by this Court dated 13.09.2021. However, he prays to enlarge the petitioner on bail. 4.The learned Government Advocate (Crl.Side) submitted that the charge sheet has been filed and further submits that earlier this Court had dismissed the bail petition filed by the petitioner and this is the second bail petition filed by him. Hence, he vehemently opposed to grant bail to the petitioner.

5.

Considering the gravity of offence committed by the petitioner and taking into account the fact that the earlier bail petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this criminal original petition is dismissed. -sd/- 28/10/2021 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 JUDICIAL MAGISTRATE, VANOOR.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, VANUR POLICE STATION, VILLUPURAM DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges CRL OP.20192/2021 Date :28/10/2021 JPA 12/11/2021