Suresh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Third day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.21718 of 2021 SURESH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET, RANIPET DISTRICT.

(CR.NO.17/2021) For Petitioner : M/S.A.SARANRAJ 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 31.08.2021 for the offences under Sections 363, 294(b), 323 of IPC read with Section 5(l) and 6 of POCSO Act 2012 and Section 9 of Prohibition of Child Marriage Act, in Crime No.17 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner enticed and kidnapped the victim child aged about 15 years and committed child marriage and also committed aggravated penetrative sexual assault on her. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner and the victim were fell in love with each other and thereby a false case has been foisted against him. He would further submit that the petitioner has been suffering incarceration for about 85 days from 31.08.2021 and hence, he would pray for grant of bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner kidnapped the victim child aged about 15 years and committed child marriage and also committed aggravated penetrative sexual assault on her and that the investigation has not been completed.

5.On seeing the grave nature of allegation 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/- 23/11/2021 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, RANIPET, RANIPET DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.A.SARANRAJ Advocate on payment of necessary charges CRL OP.21718/2021 Date :23/11/2021 CSK 02/11/2021 https://hcservices.ecourts.gov.in/hcservices/