Madras High CourtCRL OP/25546/2021dismissed

Hayath Basha v. The State Rep. By

2022-01-07Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25546 of 2021 HAYATH BASHA [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RANIPET DISTRICT.

(CRIME NO.25 OF 2021) For Petitioner : M/S.M.SATHISH KUMAR 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 30.11.2021 for the offences under Sections 363 of IPC, r/w Section 5(l) & 6 of POCSO Act 2012, in crime No.25 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 his daughter/victim girl was found missing and she was kidnapped by her first daughter husband. Hence, the complaint.

3. The learned counsel for the petitioner would submit that petitioner was no way connected in this case and he has been falsely implicated in this case and he was suffering incarceration for more than 30 days from 30.11.2021. Hence, the learned counsel prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.side) raised an objection stating that the statement under Section 164 of Cr.P.C is not yet recorded. Hence, he vehemently opposed to grant bail. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case and also the fact that statement under Section 164 of Cr.P.C is not yet recorded. Hence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/01/2022 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, RANIPET DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE DISTRICT.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.M.SATHISH KUMAR Advocate on payment of necessary charges CRL OP.25546/2021 Date :07/01/2022 INBA~20/01/2022 https://hcservices.ecourts.gov.in/hcservices/