Madras High CourtCRL OP/24820/2021dismissed

Panneerselvam v. The State Rep By

2021-12-22Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Second day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24820 of 2021 PANNEERSELVAM [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KANGAYAM AWPS, CRIME NO.10/2021 For Petitioner : M/S.S.KARTHICK Advocate For Respondent : MR.N.S.SUGANTHAN, Government 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 13.11.2021 for the offences under Section 9 of prohibition of Child Marriage Act and Section 5 (j)(ii),5(l) r/w 6 of POCSO Act in crime No.10 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had sexual relationship with the victim girl , thereby, she got pregnant. Hence, the complaint.

3. The learned counsel for the petitioner would submit that petitioner was no way connected in this case and he was falsely implicated in this case and he was suffering incarceration for more than one month from 13.11.2021. He would pray for grant of bail to the petitioner.

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4. The learned Government Advocated (Crl.side) raised objection stating that victim is aged about 14 years, petitioner committed sexual assault against the victim girl, thereby, she got three month pregnant. Hence, he vehemently opposed the grant of bail.

5. Considering the facts and circumstances of the case and also the fact that victim girl is pregnant, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 22/12/2021 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, COIMBATORE.

2 THE INSPECTOR OF POLICE, KANGAYAM AWPS, TIRUPPUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.KARTHICK Advocate on payment of necessary charges CRL OP.24820/2021 Date :22/12/2021 RW 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/