Madras High CourtCRL OP/24244/2021dismissed

Sarathkumar v. State Rep.By

2021-12-14Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24244 of 2021 SARATHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VEPPUR POLICE STATION, CUDDALORE DISTRICT.

CR.NO.614 OF 2021.

For Petitioner : M/S.P.D.ANBARASAN 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 20.10.2021 for the offence under Section 448, 417, 376 of IPC and r/w 5(1), 6 of POCSO Act in Crime No.614 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner gave a false promise to the victim girl to marry her and had sexual intercourse with her, later, he refused to marry 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. He further submits that the petitioner has been suffering incarceration for more than 50 days from 20.10.2021. He would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) raised objection stating that the petitioner is already married , he is working as a driver and having two children and statement under Section 164 of Cr.P.C is not yet recorded.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the fact and circumstances of the case and also considering the fact that the petitioner is already married and he is having two children and also the gravity of an offence committed by the petitioner, hence , this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 14/12/2021 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, VEPPUR POLICE STATION, CUDDALORE DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 CC to M/S.P.D.ANBARASAN Advocate on payment of necessary charges SR.NO.14696 CRL OP.24244/2021 Date :14/12/2021 INBA▬04/01/2022 https://hcservices.ecourts.gov.in/hcservices/