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Madras High CourtCRL OP(MD)/23762/2015dismissed

Karthick v. The Inspector Of Police

2015-12-15Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23762 of 2015 KARTHICK ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAGANGAI , CRIME NO.24 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.MUTHUSAMY Advocate For Respondent : MR.K.ANBARASAN, Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the sole accused, in Crime No.24 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 10.11.2015 for the alleged offences punishable under Sections 5(L) and 6 of the Protection of Children From Sexual Offences Act, 2012 and hence, seek bail.

2. The case of the prosecution is that the daughter of the de facto complainant is 14 years old and she was studying 9th Standard. On 09.11.2015, the petitioner sexually assaulted her at 12.00 in the night.

3. The learned counsel for the petitioner submitted that the petitioner and the de facto complainant are neighbours and he further submitted that both the petitioner and the daughter of the de facto complainant are loved each other, but, the de facto complainant did not like the petitioner, due to that fact, a false complaint has been foisted against the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that the petitioner and victim girl are not lover. He further submitted that when the father is not at her home, the petitioner entered into the house of the de facto complainant at night hours and assaulted her sexually and hence, he vehemently opposed to grant bail to the petitioner.

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5. Considering the nature of serious allegations made against the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

sd/- 15/12/2015 / 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,SIVAGANGAI. 2 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

ORDER

IN CRL OP(MD) No.23762 of 2015 Date :15/12/2015 trp CSL/GSV-AN/SAR-II/18.12.2015 2p/4c https://hcservices.ecourts.gov.in/hcservices/