Madras High CourtCRL OP/21995/2021dismissed

A.Chandrasekar v. State Rep By

2021-11-22Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.21995 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.KALAISELVAN Advocate For Respondent : MR.S.BALAJI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody on 13.09.2021 for the alleged offences punishable under Sections 363, 366 of I.P.C and Section 5(1)(n) and 6 of POCSO Act, in Crime No.07 of 2021 on the file of the respondent police, seeks bail.

2. This is the second bail application filed before this Court. The case of the prosecution is that the petitioner's family and the victim minor girl are relatives. It is alleged that the petitioner had kidnapped the minor victim girl and committed sexual assault on her. Hence the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submits that the petitioner has been remanded to judicial custody for more than two months. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) submits that earlier this Court dismissed the petitioner's anticipatory bail petition in Crl.O.P.No.21995 of 2021 dated 22.11.2021 on the ground that petitioner had kidnapped the minor victim girl and committed sexual assault on her. Hence, he vehemently opposed for grant of bail to the petitioner.

5. In view of the fact that there being no change of circumstances pointed out, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 22/11/2021 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, AWPS BARGUR POLICE STATION, KRISHNAGIRI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.KALAISELVAN Advocate on payment of necessary charges CRL OP.21995/2021 Date :22/11/2021 CSK 06/12/2021 https://hcservices.ecourts.gov.in/hcservices/