Prabakaran @ Pudhumalar Prabakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI PRABAKARAN @ PUDHUMALAR PRABAKARAN, ... PETITIONER / 2nd ACCUSED Vs THE INSPECTOR OF POLICE CBCID, RAMANATAPURAM DISTRICT.

CRIME NO.1 OF 2023.

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

PRAYER:

TO RELEASE THE PETITIONER ON BAIL CONNECTION WITH CR.NO.1 OF 2023 PENDING 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 04.03.2023 for the alleged offence punishable under Sections 363, 366(A), 376(3) and 1/3

372 IPC and Sections 5(1), 5(g), 6, 16 and 17 of the POCSO Act in Crime No.1 of 2023 in Spl.S.C.No.34 of 2023, seeks bail.

2. The case of the prosecution is that the accused persons committed gang rape upon the victim girl. Hence, the respondent Police registered a case against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution. Hence, he prays for bail.

4. The learned Additional Government Pleader appearing for the respondent Police would submit that the petitioner and other accused persons committed gang rape upon the victim girl, aged about 15 years. He would submit that though bail granted to the co-accused, the Hon'ble Supreme Court seized up the matter. He would further submit that Accused Nos.1 and 2 are in prison till date and he vehemently opposed for grant of bail to the petitioner herein.

5. This Court perused 164 Cr.P.C. statement given by the victim girl.

6. On perusal of 164 Cr.P.C. statement, it is seen that there are serious allegations made against the petitioner.

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7. In view of the above, this Court is not inclined to grant bail to the petitioner herein and accordingly, this Criminal Original Petition stands dismissed. sd/- 20/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO THE INSPECTOR OF POLICE CBCID, RAMANATAPURAM DISTRICT.

THEOFFICER INCHARGE DISTRICT JAIL, RAMANATHAPURAM.

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

+1 CC to M/s.A.KARTHIK, Advocate ( SR-2264[I] dated 22/02/2024 )

ORDER

IN Date :20/02/2024 PKP/GS/SAR /23.02.2024/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3