Madras High CourtCRL OP/24343/2021dismissed

Bikiraj Sakiya 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.24343 of 2021 BIKIRAJ SAKIYA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-8, ALL WOMEN POLICE STATION, THIRUMANGALAM, CHENNAI DISTRICT.

CR.NO.26/2021.

For Petitioner : M/S.P.MUTHAMIZHSELVAKUMAR 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 4 of POCSO Act in Crime No.26 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police stated that petitioner trespassed into the victim girl's house and had sexual intercourse with 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 and the victim girl had loved each other. He further submits that the petitioner has been suffering incarceration for more than 40 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 petitioner is belonging to state of Assam, if the petitioner released on bail, there is a possibility to abscond and tamper the evidence. He further submits that the statement of the victim girl under Section 164 of Cr.P.C.

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5.Considering the facts and circumstances of the case and there is serious allegations levelled against the petitioner, 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 SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 2 THE INSPECTOR OF POLICE, W-8, ALL WOMEN POLICE STATION, THIRUMANGALAM, CHENNAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OP.24343/2021 Date :14/12/2021 RVR 06/01/2022 https://hcservices.ecourts.gov.in/hcservices/