Madras High CourtCRL OP/21939/2021dismissed

Vijayakumar v. The State 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.21939 of 2021 VIJAYAKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.

CR.NO.463 OF 2021.

For Petitioner : M/S.J.BHARATHIRAJA 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 02.09.2021 for the alleged offences punishable under Sections 323, 506(i) of IPC and Sections 3 r/w 4 of POCSO Act 2012, in Crime No.463 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 victim girl is aged about 14 years. It is alleged that on 31.08.2021, the petitioner assaulted the victim girl with a stick by damaging the private part of the victim girl and thereby attempted to commit penetrative sexual assault. 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.19240 of 2021 dated 20.10.2021 on the ground that the petitioner assaulted the victim girl with a stick by damaging the private part of the victim girl and thereby attempted to commit penetrative sexual assault. He further submits that investigation completed and charge sheet has been filed. However, he vehemently opposed for grant of bail to the petitioners.

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, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE OFFICER INCHARGE DISTRICT JAIL, DHARMAPURI.

+1 CC to M/S.J.BHARATHIRAJA Advocate on payment of necessary charges SR.NO.13392 CRL OP.21939/2021 Date :22/11/2021 TA-06/12/2021 https://hcservices.ecourts.gov.in/hcservices/