Srinivasan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2017 CORAM :

THE HONOURABLE JUSTICE MR. P.N. PRAKASH Criminal Original Petition No.42 of 2016 Srinivasan ... Petitioner Vs.

1. State Rep. by The Inspector of Police, G-9, Perunagar Police Station, Kanchipuram District, (Cr.No.290 of 2015).

2. Mr. Seenu @ Srinivasan, S/o.Ganesan, Arichandrapuram Village, Tiruttani Taluk, Tiruvallore District.

... Respondents Prayer : - Petition filed under Section 439 (2) of Cr.P.C., to cancel the bail granted in Crl.M.P.No.1483 of 2015 dated 30.10.2015 on the file of the learned Sessions Judge Mahila court, Chengalpattu, releasing Seenu alias Srinivasan who is committed an offence under Sections 294(b), 506(i) and 4 and 6 of Protection of Children from sexual offences Act and Rules 201 in Crime No.290/2015 before the respondent police and pass such further or other orders. For Petitioner :

Mr. B.Ramamoorthy For R1 :

Mr. C.Emalias Additional Public Prosecutor For R2 :

Mr.S.Sooriakanth.

O R D E R

This petition has been filed seeking to cancel the bail granted in Crl.M.P.No.1483 of 2015 dated 30.10.2015 by the learned Sessions Judge Mahila Court, Chengalpattu.

2. On the complaint lodged by one Srinivasan (Defacto Complainant), the respondent police have registered a case in Cr. No.290 of 2015 and arrested Seenu @ Srinivasan (Accused) on 29.09.2015. Seenu @ Srinivasan (Accused) has filed Crl.M.P. No.1483 of 2015 before the learned Sessions Judge, Mahila Court, Chengalpattu and bail was granted on 30.10.2015, challenging which, Srinivasan (Defacto Complainant) is before this Court.

3. Heard the learned counsel for the petitioner/de facto complainant, learned counsel for the accused and the learned Additional Public Prosecutor appearing for the State.

4. Learned Additional Public Prosecutor submitted that DNA profiling of Seenu @ Srinivasan (Accused), victim girl 'x' and the child born to the victim girl 'x'. Investigation has also been completed and charge sheet has been filed before the Mahila Court, Chengalpattu on 16.08.2017.

5.

In view of the above, this Court is of the view that, this is not a fit case to cancel the bail that was already granted to Seenu @ Srinivasan (Accused). 6.

The Mahila Court, Chengalpattu is directed to pass appropriate orders on the final report that has been filed by the police within one week from the date of receipt of a copy of this order.

7.

With the above direction, this petition stands dismissed. 23.08.2017 Index by : Yes/No Internet by :Yes/No rkp To

1. The Inspector of Police, G-9, Perunagar Police Station, Kanchipuram District,

2. The Sessions Judge, Mahila Court, Chengalpattu 3.The Public Prosecutor High Court, Madras.

P.N.PRAKASH, J.

rkp Crl.O.P.No.42 of 2016 23.08.2017