Siva v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31099 of 2024 SIVA S/o. Raji, No.34, Bharathi Nagar, 3rd Street, Ramakrishnapuram, T.Nagar, Chennai.

Petitioner(s) Vs State Rep By Inspector Of Police, W26, All Women Police Station, Ashok Nagar, Chennai.

Respondent(s) For Petitioner(s):

M/s.Kanchan Kar Mohammed Mudassir Ali For Respondent(s):

Public Prosecutor

ORDER

Petition seeking bail in respect of Crime No.06 of 2024 registered for the offences punishable under Section 6 of POCSO Act, 2012, is on board for consideration.

2. The case of the prosecution is that the petitioner, who is a married 1/4

man and was having an affair with the mother of the minor victim girl, had committed penetrative sexual assault on the minor victim girl, aged 14 years, due to which, she became pregnant and later, the pregnancy was aborted. Hence, the case.

3. Learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the petitioner was arrested on 27.07.2024 and he is in custody for more than 140 days. He would submit that when the earlier application was filed, it was reported by the learned Government Advocate that the investigation was pending and he would submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) would submit that the investigation has been completed and e-filing has been done before the Court concerned. He also produced the statement of the minor victim girl recorded under Section 183 of BNS. Therefore, he vehemently opposed for grant of bail to the petitioner.

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5. Heard the learned counsel on either side and perused the materials available on record, including the statement under Section 183 of BNS.

6. Taking into consideration the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 13.12.2024 Anu To

1. Inspector Of Police, W26, All Women Police Station, Ashok Nagar, Chennai.

2. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA.,J.

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