Madras High CourtCRL OP(MD)/3747/2024dismissed

Veyilmuthu v. The Inspector Of Police

2024-03-08Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI VEYILMUTHU ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ANDIPATTI, THENI DISTRICT.

CR.NO.6/2023 ... RESPONDENT/ COMPLAINANT For Petitioner : M.PRABU Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER: FOR BAIL IN CRIME NO. 6/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Sole Accused, who is facing trial for the offences punishable under Sections 376(3) and 506(ii) of IPC r/w Sections 5(l), 5(j)(ii) and 6 of POCSO Act, 1/3

2012, in Spl.C.C.No.174 of 2023 on the file of the learned Special Court for POCSO Act Cases, Theni, in Crime No.6 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner committed penetrative sexual assault on the victim girl. As a consequence, the victim child was pregnant for five months. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and the petitioner is in judicial custody from 18.03.2024. Hence, he prays for grant bail to the petitioner. 4.The learned Additional Public Prosecutor for the State would submit that the petitioner committed penetrative sexual assault on the victim girl and thereby, the victim girl was five months pregnant. Hence, he opposed to grant bail to the petitioner.

5.Considering the allegation levelled against the petitioner is serious in nature and the victim girl is aged about 14 years, this Court is not inclined to grant bail to the petitioner.

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6.In the result, this Criminal Original Petition is dismissed. sd/- 08/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS- I / II /III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO 1.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ANDIPATTI, THENI DISTRICT.

2.THE OFFICER IN CHARGE, DISTRICT JAIL, THEKKAMPATTI, THENI DISTRICT.

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

ORDER

IN Date :08/03/2024 RK/GS (13/03/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3