Madras High CourtCRL OP/25046/2021dismissed

Sunil Terang v. The State Rep By Its

2021-12-21Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.25046 of 2021 SUNIL TERANG [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, POONAMALLE.

(CR.NO. 29 OF 2021) For Petitioner : M/S.D.PADMANABHAN 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 07.11.2021 for the offences under Sections 15(1), 15(2) of POCSO Act and 67(B) IT Act, in Crime No.29 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 13.05.2021, the petitioner who is having a Mobile No.7422984235, had uploaded abusive and porn video of children which was banned by the National Centre, misused and Exploited Children. Hence, the case.

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 and that the petitioner has been suffering incarceration for more than 45 days from 07.11.2021 and would pray for grant of bail.

4. The learned Government Advocate (Crl. Side) would raise strong objection stating that the investigation has not been completed and the petitioner belongs to Assam and if he is released on bail, there is every possibility of getting abscond and thereby the investigation would be stalled.

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5. On seeing the nature of offence and the fact that the petitioner belongs to Assam and if he is released on bail, there is possibility of the petitioner getting abscond and thereby, the investigation would be stalled. Hence, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 21/12/2021 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, POONAMALLE, THIRUVALLUR DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL-II, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.PADMANABHAN Advocate on payment of necessary charges CRL OP.25046/2021 Date :21/12/2021 CSK 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/