Marisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.22677 of 2016 MARISAMY ... PETITIONER / SOLE ACCUSED Vs THE STATE, REPRESENTED BY INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI, TUTICORIN DISTRICT ... RESPONDENT / COMPLAINANT (Crime No.8/2016) For Petitioner : M/S.K.SANKAR Advocate For Respondent :Mrs.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 05.11.2016 for the alleged offences punishable under Section 363 IPC and Section 11 r/w Section 12 of POCSO Act, 2012 in Crime No.8 of 2016 on the file of the respondent police, seeks bail.

2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police.

3.

The case of the prosecution is the petitioner fell in love with the defacto complainant and called her to accompany him to Tiruchendur Temple and when they halted there at night, the petitioner attempted to molest her, which resulted in registration of the case based on the complaint of the mother of the defacto complainant.

4.

Learned counsel for the petitioner would submit that the petitioner is none other than the son of paternal uncle of the defacto complainant and due to ulterior motive, the present complaint has been lodged.

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5. Learned Government Advocate (Crl.Side) appearing for the

State submitted that Police obtained statement under Section 161 Cr.P.C. from the victim girl, from which it is evident that the girl is only 16 years of age.

6. Taking note of the serious nature of the offences alleged against the petitioner, this Court is not inclined to grant bail to the petitioner.

Hence, this Criminal Original Petition is dismissed. sd/- 30/11/2016 / 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, PUDUKKOTTAI, TUTICORIN DISTRICT 2 THE OFFICE INCHARGER THE BOARSTAL SCHOOL, NANGUNERI 3 THE THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.SANKAR Advocate SR.No.78642 JAM/20.12.16/SKS-RR/SAR 2/ 2P-5C

ORDER

IN CRL OP(MD) No.22677 of 2016 Date :30/11/2016 https://hcservices.ecourts.gov.in/hcservices/