Madras High CourtCRL OP/20725/2021dismissed

Prabhu v. State Rep By Its

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.20725 of 2021 PRABHU [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARAKKONAM, RANIPET DISTRICT.

CR.NO.13/2021.

For Petitioner : M/S.E.VENKATESAN Advocate For Respondent : Mr.A.Gopinath Government 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 21.08.2021 for the alleged offences punishable under Sections 294(b), 506(i) of IPC and Section 6, 5(l), 5(j) (ii), 5(n), 12 of POCSO Act,2012 in Crime No.13 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the victim girl was alone in her house, the petitioner had physical relationship with her and made her pregnant. 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. Infact, the petitioner and defacto complainant's family are close relatives and a false case has been foisted against him. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that the statement of the victim girl u/s 164 Cr.P.C has been recorded and investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/

5. On perusal of the statement recorded under Section 164 of Cr.P.C, it revealed that the parents of the victim girl were lived separately and hence, she and her sister lived in her uncle house and thereafter they lived in her aunt's house and when the victim girl was alone in the house, the petitioner in an inebriated condition had physical relationship with her and made her pregnant.

6. Considering the submissions made by both counsel and on perusal of 164 Statement reveals that there is serious allegations levelled as against the petitioner, 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 SUPERINTENDENT, CENTRAL PRISON, VELLORE 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARAKKONAM, RANIPET DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.E.VENKATESAN Advocate on payment of necessary charges CRL OP.20725/2021 Date :02/11/2021 RVR 19/11/2021 https://hcservices.ecourts.gov.in/hcservices/