V.Aswin Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24775 of 2021 ASWIN @ V.ASWIN KUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, W-35, ALL WOMEN POLICE STATION, TAMBARAM, CHENNAI CRIME NO.25/2021 For Petitioner : M/S.K.CHANDRU 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 19.11.2021 for the offences under Sections 376, 354C, 506(2) of I.P.C and Section 67 of Information Technology Act 2000, in Crime No.25 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de facto complainant, the petitioner and his friend Basker were studying B.B.A. in Vels University, Pallavaram. The petitioner's friend Baskar had taken photos of the de facto complainant when she was taking bath in the college premises. Thereafter, the petitioner and his friend Basker by showing the nude photos had threaten the de facto complainant and the said Baskar had sexual intercourse with the defacto complainant on several times against her will. Thereafter, the petitioner and the said Baskar demanded a sum of Rs.10,00,000/- from the defacto complainant failing which, they would upload the photographs in the Social Media. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is arrayed as A2 and he is no way connected with the alleged offence and he has been falsely implicated in this case. He https://hcservices.ecourts.gov.in/hcservices/

would further submit that the petitioner has been suffering incarceration for about 25 days from 19.11.2021 and hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally 2 accused involved in this case and that the main accused/A1 is still absconding and the investigation has not been completed and if the petitioner is released on bail, he would also abscond.

5.On seeing the grave nature of allegation levelled against the petitioner and the other accused/A1 is still absconding and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 17/12/2021 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 OFFICER INCHARGE, SUB JAIL, MADURANTHAGAM 2 THE INSPECTOR OF POLICE, W-35, ALL WOMEN POLICE STATION, TAMBARAM, CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.CHANDRU Advocate on payment of necessary charges CRL OP.24775/2021 Date :17/12/2021 RVR 30/12/2021 https://hcservices.ecourts.gov.in/hcservices/