Madras High CourtCRL OP/23993/2021dismissed

Bashkar v. State Rep By

2021-12-21Honourable Mrs Justice T.V.Thamilselvi2 pages

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.23993 of 2021 BASHKAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, HARUR POLICE STATION, DHARMAPURI DISTRICT.

(CRIME NO. 693 OF 2021) For Petitioner : M/S.J.PRADEEP 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 23.10.2021 for the offences under Sections 363 of IPC @ 363, 366 of IPC read with 5(l), 6 of POCSO Act, in Crime No.693 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 21.10.2021, the petitioner kidnapped the grand daughter of the defacto complainant and sexually harassed her. 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 and that the petitioner has been suffering incarceration for 60 days from 23.10.2021 and would pray for grant of bail.

4. The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner has kidnapped the victim girl who is aged about 14 years and committed sexual harassment on her and produced the statement of the victim girl recorded under Section 164 Cr.P.C.

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5. Perused the statement of the victim girl recorded under Section 164 Cr.P.C.

6. On seeing the grave nature of offence and the conduct of the petitioner, if he is released on bail, he 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 SUPERINTENDENT, CENTRAL JAIL,SALEM 2 THE INSPECTOR OF POLICE, HARUR POLICE STATION, DHARMAPURI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.PRADEEP Advocate on payment of necessary charges CRL OP.23993/2021 Date :21/12/2021 RVR 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/