Kanagaraj v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 32218 of 2024 Kanagaraj Petitioner(s) Vs State rep. by The Sub Inspector of Police, Vaniyambadi AWPS Police Station, Tirupattur.
(Cr.No.15 of 2024) Respondent(s) For Petitioner(s): Mr.R.Parthiban For Respondent(s):
Mr.A.Damodaran Additional Public Prosecutor
O R D E R
Petition seeking bail in respect of Crime No.15 of 2024 registered for the offences punishable under Sections 376(AB), 506(ii) of IPC and Sections 5(m), 5(n) r/w section 6(1) of POCSO Act, 2012, is on board for consideration. 1/4
2. The case of the prosecution is that the accused, who is the father of the minor victim girl, had committed penetrative sexual assault on the victim girl. Hence, the case.
3. Learned counsel for the petitioner would submit that the petitioner is an innocent person and that due to a family dispute, a false complaint has been given against him. He would submit that he 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 petitioner, who is the father of the victim girl, had committed penetrative sexual assault on minor victim girl. He also produced the statement of the minor victim girl recorded under Section 164(5) Cr.P.C. Therefore, he vehemently oppose for grant of bail to the petitioner.
5. Heard the learned counsel on either side and perused the materials 2/4
available on record, including the statement under Section 164(5) Cr.P.C.
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. 21.12.2024 Anu To
1. The Sub Inspector of Police, Vaniyambadi AWPS Police Station, Tirupattur.
2. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
Anu 21.12.2024 4/4