Madras High CourtCRL OP/20846/2021dismissed

Madhavan v. State Rep By

2021-11-02Honourable Mr Justice M.Dhandapani2 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 No.20846 of 2021 MADHAVAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-2, ALL WOMEN POLICE STATION, TRIPLICANE, CHENNAI.

(CRIME NO.02 OF 2021) For Petitioner : M/S. P.MUTHUSAMY 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 and remanded to judicial custody on 12.06.2021 for the alleged offences punishable under Sections 323, 342 of IPC and 17 r/w 5(m), r/w 6 of POCSO Act in Crime No.2 of 2021, on the file of the respondent police, seeks bail.

3. The case of the prosecution in Crime No.313 of 2021 is that the petitioner along with accused persons had misbehaved and sexually induced the victim boys. Hence, the complaint.

4. 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. He further submits that the petitioner is the bread winner of his family and taking care of his two minor sisters. Hence, he prays for grant of bail to the petitioner.

5. The learned Government Advocate (Crl.Side) submits that the statement of the victim boys u/s 164 Cr.P.C was recorded. He further submits that this Court dismissed the petitioner's earlier bail petition in Crl.OP.No.18322 of 2021 dated 01.10.2021.

6. On perusal of the statement recorded under Section under 164 of Cr.P.C, reveals that there are three victim boys involved in this case and these boys were subjected to penetrative sexual assault by https://hcservices.ecourts.gov.in/hcservices/

the petitioner along with other accused 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/- 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 INSPECTOR OF POLICE, W-2, ALL WOMEN POLICE STATION, TRIPLICANE, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL,CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.MUTHUSAMY Advocate on payment of necessary charges CRL OP.20846/2021 Date :02/11/2021 CSK 18/11/2021 https://hcservices.ecourts.gov.in/hcservices/