Rajkumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Third day of January Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.25554 of 2021 RAJKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DENKANIKOTTAI, KRISHNAGIRI DISTRICT.

CRIME.NO.18 of 2021.

For Petitioner : M/S.E.KANNADASAN Advocate For Respondent : MR. S.BALAJI, 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 08.10.2021 for the alleged offences punishable under Sections 5(1), 5(n), 5(j)(ii) r/w 6 of Protection of Children from Sexual Offence Act, 2012 in Cr.No.18 of 2021 IPC, seeks bail.

2. It is the case of the prosecution that based on the 164 statement of the victim girl, pursuant to the registration of the case in Cr.No.18 of 2021, the allegation has been made on the petitioner that the petitioner had sexually assaulted the victim girl aged 14 years without her consent on false promise that he would marry her. Hence this complaint.

3. It is seen from records that this is the third bail petition filed by the petitioner. The previous order, dismissing the Criminal Original petition in Crl.O.P.No.0451 and 23551 of 2021 were passed by this Court on 02.11.2021 and 07.12.2021.

4. The learned Government Advocate (Crl. side) submitted that there is no change in circumstances after the previous order was passed on merits. Hence, the learned Government Advocate vehemently opposed to grant bail to the petitioner.

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5.

In view of the submission made by the learned Government Advocate, no change of circumstances arises for considering the second bail petition . Hence, this Criminal Original petition is dismissed.

6. Further, with regard to the harassment made against the victim girl at the hands of the Inspector of Police, the Superintendent of Police has initiated appropriate proceedings against the said Officer and therefore, no further orders are necessary in this petition. -sd/- 03/01/2022 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, DENKANIKOTTAI, KRISHNAGIRI DISTRICT.

2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

+1 CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR.NO.139 CRL OP.25554/2021 Date :03/01/2022 INBA▬07/01/2022 https://hcservices.ecourts.gov.in/hcservices/