Durai v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10681 of 2017 DURAI ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI CRIME NO.370/2017 ... RESPONDENT/COMPLAINANT For Petitioner : MR.LAXMI GOPINATHAN, Advocate for M/S.POLAX LEGAL SOLUTIONS 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 01.07.2017 under Sections 4 NON Act, 342, 506(ii) and Section 6 of Protection of Children from Sexual Offences Act, 2012 in Crime No.370 of 2017 on the file of the respondent Police, seeks bail. 2.The case of the prosecution is that due to some dispute, the victim girl aged about 16 years voluntarily went away from home to Kovilpatti bus stand at that time, four women took the victim and detained her in a home and thereafter, the petitioner assaulted the victim sexually.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Additional Government Pleader appearing for the respondent would submit on instruction that the petitioner is the sole accused and 164 statement of the victim was also recorded and medical report is awaited. He also submitted that investigation is still pending.

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5.Considering the facts and circumstances of the case and taking note of the gravity of offence committed by the petitioner and medical report is awaited, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original petition is dismissed.

sd/- 11/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10681 of 2017 Date :11/08/2017 NBJ CSL/RR-BS/SAR3/30.09.2017 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/