Madras High CourtCRL OP/25527/2021dismissed

Kumaresan v. State Rep By

2021-12-23Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.25527 of 2021 KUMARESAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VANUR POLICE STATION, VILLUPURAM DISTRICT.

CRIME NO. 3 OF 2019.

For Petitioner : M/S. R.PARTHIBAN 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 08.03.2021 for the offences under Section 294(b), 366, 354(A), 376(D) of IPC r/w 511 of IPC r/w Section 4 of Women Harassment act. in crime No.03 of 2019, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with A1 tried to rape the defacto complainant, when she refused, they used obscene words and tried to have sex with her . 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 eight months from 08.03.2021. 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 petitioner tried to rape the complainant and he is having four previous cases and further submits that investigation is completed . Hence, he vehemently opposed the grant of bail.

5. On considering the facts and circumstances of the case and the petitioner has got four previous cases, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 23/12/2021 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, VANUR POLICE STATION, VILLUPURAM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.PARTHIBAN Advocate on payment of necessary charges CRL OP.25527/2021 Date :23/12/2021 RW 04/01/2022 https://hcservices.ecourts.gov.in/hcservices/