Kasi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KASI ... PETITIONER/ACCUSED Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT.

(IN CRIME NO.29/2022) ... RESPONDENT/COMPLAINANT For Petitioner : Mr.P.GANAPATHI SUBRAMANIAN, Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:- FOR BAIL IN CRIME NO. 29 OF 2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 20.09.2022 for the offences punishable under Sections 5(f), 5(l), 5(m) r/w 6(1) of POCSO (Amendment) Act 2019 and Section 75 of Juvenile Justice Act, 2015, in Crime 1/3

No.29 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is a grandfather of the victim girl and he misbehaved with the victim girl and also touched her in a private part. Hence, the case 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and there is no specific allegation against the petitioner and the petitioner is the grandfather of the victim girl and there is a love and affection with his grand-daughter. Hence, he prays for grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the State would submit that the petitioner has misbehaved with his grand-daughter and in this regard, he has also produced the statement of the victim girl recorded under Section 164(5-A) of Cr.P.C. before this Court. Hence, he strongly opposed to grant bail to the petitioner.

5.Heard. Perused the materials available on record. 6.On perusal of the statement of the victim girl recorded under Section 164 (5-A) of Cr.P.C., it reveals that there is a serious allegation against the petitioner. 7.Considering the facts and circumstances of the case and also considering the fact that there is a serious allegation against the petitioner based on the statement 2/3

of the victim girl recorded under Section 164(5-A) of Cr.P.C., this Court is not inclined to grant bail to the petitioner.

8.In the result, this Criminal Original Petition is dismissed. sd/- 11/01/2024 / 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, KEERANUR, PUDUKKOTTAI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

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

ORDER

IN Date :11/01/2024 SA/DD/SAR. /29.01.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3