R.Henry Paul v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixth day of January Two Thousand Twenty Two PRESENT THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.24547 of 2021 R.HENRY PAUL [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE , W4 ALL WOMEN POLICE STATION KILPAUK, CHENNAI.

CRIME NO.6 OF 2021.

For Petitioner : M/S. M.DEVARAJ 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 24.04.2021 for the offences under Section 10 r/w 9(l) 9(m)(n) and 17 of the POCSO Act and Section 506(ii) of IPC in Cr.No.6 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that defacto complainant/mother of the vcitim girl lodged a complainant before the respondent police stated that petitioner along with others sexually abused the victim girl from the age of 6 years Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he has been suffering incarceration for more than eight months. He further submitted that there was a property dispute between the defacto complainant and petitioner, thereby, she lodged a false complaint against the petitioner. Hence prays for grant of bail.

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4.The learned Government Advocate (Crl.Side) raised objection stating that statement under Section 164 of Cr.P.C is recorded and charge sheet was filed before the Court below. He further submitted that the petitioner is a pastor and he had exploited victim child over a period of several years from the age of 6. Hence, he vehemently opposed to grant bail to the petitioner.

5.On perusal of the statement under Section 164 of Cr.P.C which reveals that the victim girl was exploited by the petitioner from the age of 6 years and she further stated that she was threatened by the petitioner, thereby, if he released on bail he may tamper the evidence, this court is not inclined to grant bail to the petitioner.

6. Accordingly, the petition seeking bail is dismissed. -sd/- 06/01/2022 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 , W4 ALL WOMEN POLICE STATION, KILPAUK, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

+2 CC to M/S. M.DEVARAJ Advocate on payment of necessary charges SR.NO.265 CRL OP.24547/2021 Date :06/01/2022 INBA~20/01/2022 https://hcservices.ecourts.gov.in/hcservices/