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Madras High CourtCRL OP(MD)/13495/2016dismissed

Klitas Alias John Klitas v. The Inspector Of Police

2016-08-04Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13495 of 2016 KLITAS ALIAS JOHN KLITAS ... PETITIONER / SOLE ACCUSED Vs The State Rep. by its THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KULACHAL, NAGERCOIL, IN CR. NO. 5 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.BABU JAGANATH Advocate For Respondent : Mr.P.Kannithevan, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused remanded to judicial custody on 07.04.2016 for the alleged offences punishable under Sections 2(b), 4,8,9(m) r/w 10 of POCSO Act and sections448 and 506(i) IPC in Crime No.5 of 2016, on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the petitioner misbehaved with the victim girl aged about 7 years and threatened her with dire consequences.

3. The case of the petitioners is that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 07.04.2016 and prays for enlarging the petitioner on bail.

4. The learned Government Advocate (Criminal Side) submitted that investigation is still pending and two earlier petitions filed by the petitioner seeking bail were dismissed by this Court, by order, dated 19.05.2016 and 18.07.2016 in Crl.O.P.(MD).Nos. 8063 and 8604 of 2016 respectively.

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5.Considering the serious nature of allegations levelled against the petitioner, this Court is not inclined to enlarge the petitioner on bail. Hence, this petition is dismissed. sd/- 04/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE OFFICER INCHARGE, SUB JAIL, NAGERKOVIL, KANYAKUMARI DISTRICT 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KULACHAL, NAGERCOIL.

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

sm:SK-SKN:SAR III:11.08.2016:2P/4C

ORDER

IN CRL OP(MD) No.13495 of 2016 Date :04/08/2016 https://hcservices.ecourts.gov.in/hcservices/