Madras High CourtCRL OP/21965/2021dismissed

M.Mohamed Vabik v. State Rep.By

2021-12-20Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.21965 of 2021 M.MOHAMED VABIK [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THUDIYALUR, COIMBATORE DISTRICT.

CR.NO.25 OF 2021.

For Petitioner : M/S. T.BALACHANDRAN 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 petitioner who was arrested and remanded to judicial custody on 23.10.2021 for the offences under Section 3(a) r/w 4 of POCSO Act r/w under Section 420 of IPC, in crime No.25 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner gave false promise to the victim girl to marry her and had committed penetrative sexual assault against her. Hence, the complaint.

3. The learned counsel for the petitioner would submit that petitioner was no way connected in this case and he was falsely implicated in this case and he was suffering incarceration for more than 55 days from 23.10.2021. He would pray for grant of bail to the petitioner.

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4. The learned Government Advocate (Crl.side) raised an objection stating that victim girl is aged about 17 years and the petitioner cheated the victim girl and sexually harassed her. He further submits that the statement of the victim girl under Section 164 of Cr.P.C has been recorded. Hence, he vehemently opposed to grant bail.

5. A perusal of the 164 Statement reveals that the petitioner has stated that he sexually harassed her..

6. Considering the facts and circumstances of the case and also the submissions made by both counsel and also considering the fact that there is serious allegations levelled against the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/12/2021 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, THUDIYALUR, COIMBATORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL JAIL, COIMBATORE.

+1 CC to M/S. T.BALACHANDRAN Advocate on payment of necessary charges SR.NO.15114 CRL OP.21965/2021 Date :20/12/2021 TA-03/01/2022 https://hcservices.ecourts.gov.in/hcservices/