Madras High CourtCRL OP/20647/2021dismissed

Haridoss v. State, Rep. By

2021-11-09Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.20647 of 2021 HARIDOSS [ PETITIONER / ACCUSED ] Vs STATE, REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, WALAJABAD POLICE STATION, KANCHEEPURAMM DISTRICT.

(CRIME NO.891 OF 2021) For Petitioner : M/S.R.SASIKUMAR Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 05.09.2021 for the offences under Sections 363, 366 of IPC and Sections 6, 5(j)(ii), 5(1), r/w 6, 7, 8 of POCSO Act 2012, in Crime No.891 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner kidnapped the daughter of the defacto complainant who is aged about 17 years for the purpose of marriage. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner and the daughter of the defacto complainant were fell in love with each other and the petitioner was ready to marry the daughter of the defacto complainant. In that situation, a false case has been foisted against the petitioner and that the petitioner has been suffering incarceration for more than 60 days. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate would raise strong objection stating now the victim has given birth to a male child and her statement under Section 164 Cr.P.C. is yet to be recorded and that the investigation has not been completed.

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5.Considering the nature of offence and the fact that the victim has now given birth to a child and the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly the Criminal Original Petition is dismissed. -sd/- 09/11/2021 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, WALAJABAD POLICE STATION, KANCHEEPURAMM DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.20647/2021 Date :09/11/2021 CSK 24/11/2021 https://hcservices.ecourts.gov.in/hcservices/