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Madras High CourtCRL OP(MD)/4253/2019dismissed

Ashraff Ali, Aged 70 Yrs v. The Inspector Of Police

2019-03-21Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4253 of 2019 ASHRAFF ALI ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGUDI, PUDUKKOTTAI DISTRICT.

CRIME NO. 7 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.KAMESWARAN Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 10.10.2018 for the offences punishable under Sections 5(l)(m)(n) 6 of POSCO Act, 2012 in Crime No. 7 of 2018 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner forced the victim girl to outrage of modesty and had committed sexual assault with the 6 years old victim girl. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence. However the learned counsel for the petitioner prayed to fix time limit to complete the trial.

4. The learned Government Advocate(Crl.Side) submitted that this is the second bail application and the offence committed by the petitioner is heinous in nature and there is no change in the facts and circumstance of the case, hence he opposed to grant bail to the petitioner.

5. Taking into consideration, the nature and gravity of offence and there is no change of circumstances in the said case, I am not inclined to grant bail to the petitioner.

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6. Hence the bail petition is dismissed with a direction to the Mahila Court, Pudukottai to complete the trial within a period of three months from the date of receipt of a copy of this order. sd/- 21/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, MAHILA COURT, PUDUKKOTTAI.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGUDI, PUDUKKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, PURUKKOTTAI.

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

+1. CC to M/S. S. KAMESWARAN Advocate SR.No.56000

ORDER

IN CRL OP(MD) No.4253 of 2019 Date :21/03/2019 JM/VR/SAR 2/27.03.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/