Karuppasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI KARUPPASAMY ... Petitioner / Sole Accused Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THILAGAR THIDAL, MADURAI CITY.

(CRIME NO. 40/2023) ... Respondent / Complainant For Petitioner :

M/s.D.Ramesh Kumar, Advocate for M/s.S.Arokiyaselvaramesh, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO. 40 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, was arrested and remanded to Judicial Custody on 21.09.2023 for the offence under Sections 5(j)(ii), 6, 5(n) of the 1/3

POCSO Act in Crime No.40 of 2023, seeks bail. 2.The case of the prosecution is that the victim girl is aged about 14 years and the petitioner is a paternal uncle of the victim girl and he misbehaved with the victim girl, due to which, she became pregnant. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offences as alleged by the prosecution. In fact, the petitioner is the close relative of the victim girl and due to previous motive, in order to wreck vengeance, the false case has been foisted against the petitioner. He further submitted that petitioner is in judicial custody for more than 5 months, hence, he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that this Court may peruse the statement of the victim girl recorded under Section 164 Cr.P.C, that without consent of the victim girl, her paternal uncle forcibly had physical relationship with the victim girl. The serious allegation is made against the petitioner. Hence, he vehemently objected to grant bail to the petitioner.

5.Considering the facts and circumstances of this case and on perusal of the statement of the victim girl recorded under Section 164 Cr.P.C., and also considering the fact that the victim is aged about 14 years, this Court is not inclined to grant bail 2/3

to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 27/02/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City.

2.The Superintendent, Central Prison, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date :27/02/2024 ED/ JGB /SAR- (21/03/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3