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Madras High CourtCRL OP/25631/2023dismissed

Logambal v. The State Rep.By

2023-11-08Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN,J.

The petitioner/A1 seeks bail in Crime No.311 of 2023, registered by the respondent police for the offences punishable under Sections 81 & 87 of Juvenile Justice (Care and Protection of Children) Act, 2015, and also Sections 120B & 370(4) of IPC. The petitioner had been remanded to judicial custody on 16.10.2023. 2.The bail application of A2 had came up for consideration in Crl.O.P.No.25056 f 2023. This Court, by an order dated 01.11.2023, had dismissed the said bail application.

3.In order to maintain consistency, let me extract the facts as stated in the petition.

" The petitioner/A2 seeks bail in Crime No.311 of 2023 registered by the respondent police for the offences punishable under Sections 81 & 87 of Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner had been taken into custody on 16.10.2023.

The petitioner had been added as an accused on the confession statement of A1. The

provision of law had also been altered to also include under Sections 120B & 370(4) of IPC and Sections 81 & 87 of Juvenile Justice (Care and Protection of Children) Act, 2015.

The learned counsel for the petitioner states that the petitioner is a Senior Assistant Surgeon in Government hospital at Tiruchengode and the only allegation as against the petitioner is that she had given photographs of newly born infants and Aadhar Card details of the parents to the 1st accused.

The case of the prosecution however is that A2, A3 and A4 are brokers, who had actively involved in procuring young children for sale. The petitioner was also directly involved in the said offence. Whats App messages had been exchanged between the petitioner and the 1st accused and it is also seen that the 1st accused, consequent to such messages, had gone over to the house of the one of the victim, who had three girl children and tried to purchase one child and sell her to anybody, who requires such children.

It is seen that the 4th accused is still absconding. The nature of allegations are extremely serious and investigation will have to be done whether there are any other persons involved in the said offence."

4.In view of the fact that WhatsApp messages were exchanged about the child and also, which indicates the direct involvement of the present petitioner herein in the entire offence, I am not inclined to grant bail to the petitioner herein.

5.Accordingly, this Criminal Original Petition stands dismissed. 08.11.2023 ata

C.V.KARTHIKEYAN,J.

ata 08.11.2023