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Madras High CourtCRL OP(MD)/5925/2019dismissed

Kadappan, v. The Inspector Of Police

2019-04-25Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5925 of 2019 KADAPPAN ... PETITIONER/ ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUMAYAM, PUDUKKOTTAI DISTRICT Crime No.02/2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.PRASANNA RAJADURAI Advocate for Mr.R.JEGADEESWARAN 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 22.02.2019, for the alleged offence punishable under Sections 5(K),5(1), 6of POCSO Act and 506(i) of IPC in Crime No. 2 of 2019 on the file of the respondent police seeks bail. 2.The case of the prosecution is that the victim girl is aged about 13 years and mentally retarded person. Taking advantage of the same, the petitioner herein induced the girl by giving her choclate and taken her to his home and had sexual intercourse with her. Thereafter the victim girl sustained injuries in her private parts and told to her elder mother. Hence the complaint. 3.The learned counsel appearing 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.

He would also submit that the defacto complainant family borrowed loan from the petitioner and the same was not repaid for which a false complaint has been lodged against him and he is 66 years and he is suffering from age old illness and accordingly he prayed for bail. https://hcservices.ecourts.gov.

4.The learned Government Advocate(Crl.Side) would submit that the victim girl is about 13 years and she is a mentally retarded child and now a days crime against the children have increased a lot and the offence committed by the petitioner is very heinous in nature and hence he objected for grant of bail. 5.Considering the facts and circumstances of the case and considering the fact that the offence committed by the petitioner is very heinous in nature and also considering the fact that now a days offences against childrens have been increased this Court is not inclined to grant bail to the petitioner.

6. Hence the bail petition is dismissed.

sd/- 25/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUMAYAM, PUDUKKOTTAI DISTRICT 2.THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

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

ORDER

IN CRL OP(MD) No.5925 of 2019 Date :25/04/2019 TK/MMS/SAR-2/30.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/