Soundarapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10578 of 2017 SOUNDARAPANDI ... PETITIONER/SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VADAMADURAI,DINDIGUL DISTRICT, CRIME NO. 15/2017. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.MUTHUSAMUNDEESWARAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / sole accused, who was arrested on 08.06.2017 for the offences punishable under Section 376 IPC and r/w Section 5

(1) and 6 of POCSO Act in Crime No.15 of 2017 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to love affairs between the petitioner and the victim minor girl aged about 17 years, the petitioner, who is a married man, had physical relationship with the victim by giving false promise to marry her and hence, the victim is 5 months pregnant.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner married his uncle's daughter namely, Indira and when she come to his village, the petitioner introduced his friend namely, Silambarasan and the daughter of the defacto complainant as if they are newly married couples and therefore, the petitioner is no way connected with the alleged offence.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor submitted that the petitioner is the sole accused and 164 statement has also been

obtained from the victim in which, the victim stated that the petitioner was having physical contact with her. He further submitted that investigation is still pending and medical report is received which confirms that the victim is pregnant. 5.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioner and investigation is still pending and also the victim girl is 5 months pregnant, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petition is dismissed.

sd/- 18/08/2017 / 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, VADAMADURAI, DINDIGUL DISTRICT, 2 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.10578 of 2017 Date :18/08/2017 NBJ CSL/RR-BS/SAR1/30.08.2017 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/