Sunitha v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.22163 of 2021 SUNITHA [ PETITIONER / ACCUSED ] Vs THE STATION HOUSE OFFICER [ RESPONDENT ] ORELANPET POLICE STATION, PUDUCHERRY.

(CRIME NO.170/2021) For Petitioner : M/S S.XAVIER FELIX Advocate For Respondent : MR.V.BALAMURUGANE PUBLIC PROSECUTOR [PONDICHERRY] 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 28.11.2021 for the offences under Sections 6, 18, 16 of POCSO Act, 2012 @ Sections 6, 8, 16 of POCSO Act 2012 and 370(4), 370(A), 366A of IPC, 5(1)(D)(ii), 6(2A) of IPT Act, in Crime No.170 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant's daughter was sent to Arya Beauty Parlour to learn beautician course. But the petitioner induced the victim for the purpose of prostitution. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is aged about 56 years and she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case and that she has been suffering incarceration for 20 days from 28.11.2021 and would pray for grant of bail. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor (Pondicherry) would raise strong objection stating that the investigation is at the initial stage and if she is released on bail at this stage, she may abscond and tamper the evidence.

5. On seeing the grave nature of offence and that the investigation is at the initial stage and if she is released on bail, she may abscond and tamper the evidence. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 21/12/2021 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 STATION HOUSE OFFICER ORELANPET POLICE STATION, PUDUCHERRY.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUDUCHERRY.

3 THE PUBLIC PROSECUTOR PUDUCHERRY.

+1CC to M/S S.XAVIER FELIX Advocate on payment of necessary charges SR.NO.15236 CRL OP.22163/2021 Date :21/12/2021 CSK 05/01/2022 https://hcservices.ecourts.gov.in/hcservices/