Madras High CourtCRL OP/21769/2021dismissed

Sivaraj v. State Rep By

2021-11-25Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21769 of 2021 SIVARAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UDUMALPET, TIRUPPUR DISTRICT CRIME NO.16 OF 2021 For Petitioner : M/S D.ARUN Advocate For Respondent : MR.N.S.SUGANTHAN, Government 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 24.08.2021 for the offences under Sections 366 of IPC and 3(a) r/w 4(2) of Prevention of Children from Sexual offences Act 2012 and Section 67 of Information Technology Act, in Crime No.16 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner kidnapped the victim girl and committed penetrative sexual assault on her. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that https://hcservices.ecourts.gov.in/hcservices/

the petitioner has been suffering incarceration for about 60 days from 25.09.2021 and hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the victim is a minor aged about 16 years. The petitioner took photographs of the victim and threatened her by showing the photographs.

5.On seeing the grave nature of offence and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 25/11/2021 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, COIMBATORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UDUMALPET, TIRUPPUR DISTRICT.

+1 CC to M/S D.ARUN Advocate on payment of necessary charges SR.NO.13439 CRL OP.21769/2021 Date :25/11/2021 RW 03/12/2021 https://hcservices.ecourts.gov.in/hcservices/