Revindo v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI REVINDO ... PETITIONER / ACCUSED RANK NO.2 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TRICHENDUR, THOOTHUKUDI DISTRICT.

CRIME NO.10/2023.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.MICHEAL SEBASTIN.B Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:

FOR BAIL IN CRIME NO.10/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 11.04.2023 for the offences punishable under Sections 5(g) r/w 6 of POCSO act, 2012 1/4

and Section 67(B) of I.T. Act, 2006, in Crime No.10 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the first accused fell in love with the victim and during the month of July 2021, when the victim was standing in front of St. Joseph Charity in Adaikalapuram, the first accused came by two wheeler and took the victim on his two wheeler and went to Tiruchendure, took a room where the second accused held the victim and the first accused removed her dress and accused persons committed aggravated penetrative sexual assault on her repeatedly and recorded the same in their mobile phone. It is further alleged that the first accused posted the same in the whatsapp status and the second accused has sent the video to many people. Hence the case.

3.Heard the learned counsel on either side and perused the material records of the case.

4.It appears that this is the third application for bail and the earlier two bail applications filed by the petitioner in Crl.OP(MD)Nos.21220 and 22791 of 2023 were dismissed by this Court on 24.11.2023 and 18.12.2023 on the ground that the petitioner was committed serious offence along with A1. Now, this application is filed by the petitioner without referring the change of circumstances to consider the case.

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5.Considering the above facts and circumstances of the case and also considering the fact that there is no change in circumstances, since the dismissal of the earlier petitions, this Court is not inclined to grant bail to the petitioner. 6.In the result, this Criminal Original Petition is dismissed. sd/- 12/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TRICHENDUR, THOOTHUKUDI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI AT TIRUNELVELI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN Date :12/01/2024 SS/DD/SAR- /23/01/2024/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4