Madras High CourtCRL OP/23802/2021dismissed

Thilagaraj v. State Rep By

2021-12-13Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.23802 of 2021 THILAGARAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET DISTRICT.

(CRIME NO.20/2021) For Petitioner : M/S G.PUGAZHENTHI 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 28.09.2021 for the offence under 363, 323, 506(i) of IPC and Section 5(m), and 6 of POCSO Act 2012 in Crime No.20 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner on life threat brutally dragged the rustic innocent victim child aged about 11 years near a mango tree and had committed penetrative sexual Assault. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would pray for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) raised objection stating that investigation is not yet completed. He further submits that the statement of the victim girl under Section 164 of Cr.P.C has been recorded.

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5. A perusal of the 164 Statement reveals that the petitioner on life threat brutally dragged the rustic innocent victim child aged about 11 years and had committed penetrative sexual Assault.

6. Considering the facts and circumstances of the case and the gravity of an offence committed by the petitioner, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 13/12/2021 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, RANIPET DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S G.PUGAZHENTHI Advocate on payment of necessary charges CRL OP.23802/2021 Date :13/12/2021 INBA▬04/01/2022 https://hcservices.ecourts.gov.in/hcservices/