Madras High CourtCRL OP/19998/2021dismissed

Ramadass v. The State Rep By

2021-11-02Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.19998 & 19999 of 2021 IN SPL.C.C.NO.38 OF 2020 (ON THE FILE OF THE SESSIONS,(FAST TRACK MAHILA)JUDGE, NAMAKKAL) RAMADASS [PETITIONER/ACCUSED IN BOTH THE PETITIONS] Vs THE STATE REP BY [RESPONDENT IN BOTH THE PETITIONS] INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAMAKKAL.

For Petitioner : M/S.AR M.ARUNACHALAM Advocate(IN BOTH THE PETITIONS) For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) (IN BOTH THE PETITIONS) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- Crl.OP.No.19998 of 2021 The petitioner, who was arrested and remanded to judicial custody on 15.05.2020 for the alleged offences punishable under Sections 6,5(l), 5(m) of the POCSO Act, r/w Section 366 and 506(ii) of IPC in Spl.C.C.No.38 of 2020,on the file of the respondent police, seeks bail.

Crl.OP.No.19999 of 2021 The petitioner, who was arrested and remanded to judicial custody on 15.05.2020 for the alleged offences punishable under Sections 6, 5(l), 5(m) and 12 r/w 11(3) of the POCSO Act, r/w Section 366 and 506(ii) of IPC in Spl.C.C.No.37 of 2020, on the file of the respondent police, seeks bail.

Crl.OP.Nos.19998 and 19999 of 2021

2. The case of the prosecution is that the accused is alleged to have committed penetrative sexual assault on the victims who are aged about 11 and 12 years. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution 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) submits that the statement of the victim girls u/s 164 Cr.P.C was recorded, which has been produced before the Court.

7. A perusal of the statement of the victim girls recorded under Section under 164 of Cr.P.C, reveals that the accused is alleged to have committed penetrative sexual assault on the victims who are aged about 11 and 12 years.

8. In view of the gravity of the allegations made against the petitioners and on perusal of 164 Statement of the victims, this Court is not inclined to grant bail to the petitioner.

9. Accordingly, these Criminal Original Petitions are dismissed. -sd/- 02/11/2021 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 SESSIONS,(FAST TRACK MAHILA)JUDGE, NAMAKKAL 2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM 3 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NAMAKKAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.AR M ARUNACHALAM Advocate on payment of necessary charges CRL OP.Nos.19998 & 19999 of 2021 Date :02/11/2021 RVR 19/11/2021