Suresh Thanasingh, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3801 of 2018 SURESH THANASINGH ... PETITIONER / ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

(CRIME NO.1 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.PERUMAL Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.01.2018, for the offences punishable under Section 4 of Protection of Children from Sexual Offences Act, 2012 and Section 506(ii) of IPC., in Crime No.1 of 2018, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 11.01.2008, the petitioner attempted to commit rape against the defacto complainant and made criminal intimidation. Hence, the case has been registered against the petitioner for the above said crime.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been falsely implicated in this case. Hence, he prays to enlarge the petitioner on bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the victim girl is aged about 15 years. According to the prosecution, the investigation is in progress.

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5. The submissions made by the learned counsels appearing for either side are considered. It is alleged that during the time of

occurrence, even after knowing the fact that the victim girl is aged about 15 years, being the relative of the victim girl, the petitioner attempted to commit the offence of forcible penetration. Eventhough, the petitioner is in judicial custody from 12.01.2018, according to the prosecution, charge sheet has not been filed. Thereby, considering the gravity of the offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

Accordingly, this Criminal Original Petition is dismissed.

sd/- 12/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

2 THE OFFICER IN CHARGE, DISTRICT PRISON, PEROORANI.

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

+1. CC to M/S.M.PERUMAL Advocate SR.No.3856

ORDER

IN CRL OP(MD) No.3801 of 2018 Date :12/03/2018 MKV-PN-SAR 3/15.3.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/