Madras High CourtCRL OP/22948/2021dismissed

Akash @Pandiyan v. The State Rep By

2021-12-03Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Third day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.22948 of 2021 AKASH @ PANDIYAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANRUTI, CUDDALORE DISTRICT.

CR NO.10/2021 For Petitioner : M/S.M.VIJAYARAGAVAN 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 21.09.2021 for the offences under Sections 354D, 506(i) of IPC r/w Sec.4 of TNPHW Act r/w Sec.7 & 8 of POCSO Act, in Crime No.10 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner sexually assaulted the victim girl while she was standing in her garden by hugging and kissing her and she informed the same to her parents. When the parents of the victim questioned the same, the petitioner threatened them with dire consequences. Hence, the case was registered based on the complaint of the father of the victim and subsequently, the petitioner was arrested and remanded to judicial custody. After came out on bail, the petitioner against started to threatened and give torture to the victim girl. Unable to bear the same, the victim consumed poison and later she died in the hospital. Hence, the complaint.

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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 the investigation has been completed and the final report has been filed and the case has been taken on file in S.C.No.50 of 2021 on the file of the learned Sessions Judge (Special Court for POCSO Cases), Cuddalore and that the petitioner has been suffering incarceration for about 70 days from 21.09.2021. 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 only about 16 years and she committed suicide due to the torture and harassment given by the petitioner and that the petitioner has got two previous cases. 5.On seeing the grave nature of offence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 03/12/2021 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 THE SESSIONS JUDGE (SPECIAL COURT FOR POCSO CASES) CUDDALORE 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANRUTI, CUDDALORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

CC to M/S.M.VIJAYARAGAVAN Advocate on payment of necessary charges CRL OP.22948/2021 Date :03/12/2021 TA-14/12/2021 https://hcservices.ecourts.gov.in/hcservices/