Madras High CourtCRL OP/21864/2021dismissed

Dinakaran @ R.S.Reddy v. State Rep By

2021-11-19Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Nineteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.21864 of 2021 DINAKARAN @ R.S.REDDY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, GUMMIDIPOONDI, THIRUVALLUR DISTRICT.

CR.NO.6 OF 2021.

For Petitioner : M/S.S.SASIKUMAR 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 for the alleged offences punishable under Sections 294(b), 506(ii) IPC and Section 11(1) and 12 of POCSO Act 2012 in Crime No.6 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the minor victim girl aged about 14 years attending on-line class through her mother's mobile phone and on 26.05.2021, the juvenile accused viz., Santhosh aged about 13 years sent a message " I Love You" to the victim girl's mobile phone and thereafter from the mobile phone of the petitioner, the victim girl received the message "Hi" and had rang up her and informed that he has possessed two storey building house and he would marry the victim offering her with 100 sovereigns of jewels and threatened her with dire consequences if she did not love him. It is further alleged that the petitioner demanded the victim girl to take videograph of taking bath and send it to him or otherwise, he would do away her father and asked the victim girl to come out of the house

to have intimacy and if the victim girl did not love the petitioner would be kidnapped, rapper and killed and also killed the victim's father. 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. 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. He further submits that earlier this Court has dismissed the bail application filed by the petitioner in Crl.O.P.No.19731 of 2021 dated 25.10.2021 and this is the second bail application. Hence, he vehemently opposed for grant of bail to the petitioner. 5.On perusal of the statement recorded under Section under 164 of Cr.P.C, reveals that the minor victim girl aged about 14 years attending on-line through her mother's mobile phone and on 26.05.2021, the juvenile accused viz.

, Santhosh aged about 13 years sent a message " I Love You" to the victim girl's mobile phone and thereafter from the mobile phone of the petitioner, the victim girl received the message "Hi" and had rang up her and informed that he has possessed two storey building house and he would marry the victim offering her with 100 sovereigns of jewels and threatened her with dire consequences if she did not love him. It is further alleged that the petitioner demanded the victim girl to take videograph of taking bath and send it to him or otherwise, he would do away her father and asked the victim girl to come out of the house to have intimacy and if the victim girl did not love the petitioner would be kidnapped, rapper and killed and also killed the victim's father.

6. Considering the gravity of offence committed by the petitioner and on perusing the Statement recorded by the victim under 164 Cr.P.C, there was a serious allegations leveled against the petitioner and that earlier bail petition was dismissed and there is no change of circumstances, this court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. -sd/- 19/11/2021 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, ALL WOMEN POLICE STATION, GUMMIDIPOONDI, THIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.S.SASIKUMAR Advocate on payment of necessary charges CRL OP.21864/2021 Date :19/11/2021 TA-30/11/2021