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Madras High CourtCRL OP(MD)/1193/2021dismissed

Neelavathi v. The Inspector Of Police

2021-02-01Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/02/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD)No.1193 of 2021 Neelavathi ... Petitioner/Accused No.1 Vs The state Rep. by The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

Crime No. 27 of 2020. ... Respondent/Complainant For Petitioner : Mr.Arputharaj.A, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.27 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 16.11.2020 for the offences punishable under Sections 344, 366(A), 376(D) IPC and Sections 5(g), 5(i), 5(1), 6, 16, 17 of POCSO Act in Crime No.27 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to some quarrel in the house of the victim girl, she left the house and stand near the bus stand. At that time the second accused in this case taken her to the house of the first accused. Thereafter, all the accused person connived together and thereby, the first accused earned Rs.10,000/- by using the victim girl. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prayed for anticipatory bail to the petitioner.

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4.The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that all the occurrence had happened in the house of the petitioner herein and she had earned Rs.10,000/- by using the victim girl and thereby committed very heinous offence against the minor victim girl. Hence, he opposed to grant bail to the petitioner.

5.The learned Government Advocate (Crl.side) produced 164 Cr.P.C., statement of the victim girl. On perusal of the same, it is seen that this petitioner forced and compelled the innocent minor victim girl in flesh Trade and earned Rs.10,000/- and committed very serious offence.

6.In view of the same, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 01/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE SUPERINTENDENT, CENTRAL WOMEN PRISON, MADURAI.

2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

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

ORDER IN CRL OP(MD) No.1193 of 2021 Date :01/02/2021 GNS TE/JC/SAR-II : 08/02/2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/