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Madras High CourtCRL OP/24966/2021dismissed

Akash @Pandiyan v. The State Rep By

2021-12-20Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.24966 of 2021 AKASH @ PANDIYAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANRUTI, CUDDALORE DISTRICT CR NO.10/2021 For Petitioner : M/S. M.VIJAYA RAGAVAN 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 354D,354(A), 506(i) of IPC r/w Section 4 of TNPHW Act r/w Section 7& 8 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 sexually assaulted the victim girl while she was standing in her garden by hugging and kissing her and she informed the same to her parents. When the parents of the victim questioned the same, the petitioner threatened them with dire consequence. Hence, the case was registered based on the complaint of the father of the victim and subsequently, the petitioner was arrested and remanded to judicial custody. After come out on bail, the petitioner again started to threatened and tortured her, due to that victim consumed poison and later she died in the hospital. 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. He further submits that charge sheet also filed and the investigation is completed and he was suffering incarceration for more than three months from 07.08.2021. 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 17 years, she committed suicide due to the petitioner tortured and harassed her. Hence, he vehemently opposed the grant of bail.

5. On seeing the grave nature of the offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/12/2021 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, CUDDALORE 2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PANRUTI, CUDDALORE DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.VIJAYA RAGAVAN Advocate on payment of necessary charges CRL OP.24966/2021 Date :20/12/2021 RVR 06/01/2022 https://hcservices.ecourts.gov.in/hcservices/