Sathishkumar @ Parotta Sathish v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Sathishkumar @ Parotta Sathish ... Petitioner / Accused Rank Not Known Vs The State rep by The Inspector of Police, All Women Police Station, Karur,Karur District.
Crime No.45 of 2022.
... Respondent / Complainant For Petitioner : M/s.Sathish Kumar.K, Advocate. For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.45 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 13.01.2023 for the offence punishable under Sections 342, 376, 506(i) and 34 of IPC and Section 4,6,5(l) and 11
(5) and 17 of Protection of Child from Sexual Offence Act, 2012, Section 3(2)(a),4(1), 5(1)(a) of Immoral Traffic (Prevention) Act 1959 and Section 77 of Juvenile Justice (Care and Protection of Children)Act, 2015 in Crime No.45 of 2022 on the file of the respondent police, seeks bail.
2. The complaint has been lodged by the social worker of an NGO for Children Protection in Karur District. The case of the prosecution is that the victim girl who is aged about 15 years had lost her parents nine years back and thereafter she was under the care and protection of her elder sister. On 14.05.2022, A1 who is a 1/3
known person from their neighbour hood offered to help the victim girl by providing education along with her daughter. The further allegation is that A1 took the victim girl to her home and made her stay with her daughter and the victim got admission in St. Marys Higher Secondary School, Pasupathipalayam and one day the victim had food poison and fell ill, for which A1 gave juice to the victim for minimizing her pain but after drinking the juice the victim woke up in another place and realized that A1 had spiked and made her to have physical relationship with an unknown person. Further A1 along with other persons namely Vinoth, Mayavathi and Megala had abused and threatened the victim by saying that they will do away with her sister's life if she reveals the incident to any one. By keeping on threatening A1 inducted her into prostitution. However the victim managed to escape with the help of her sister and had approached the defacto complainant based on which the present case has been registered.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that absolutely there is no material on record to connect the petitioner with the crime. He would further submit that th e petitioner is in judicial custody from 13.01.2023 hence he seeks bail.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that it is a very pathetic case where the main accused in the guise of helping a parentless child aged about 15 years had inducted her into prostitution. Later by threat they have continued to involve her in prostitution by engaging several customers. The accused persons have ravished the life of the young girl who is now under severe trauma. The petitioner knowing well that the victim is a minor girl had inducted her into prostitution.
He would further submit that the petitioner is the pimp who had taken several customers to the brothal house and there are call details available to show that the petitioner was in constant touch with the main accused who has taken the victim girl to the brothal house for the purpose of involving the victim in the prostitution. He would further submit that apart from this the petitioner has got 18 cases and out of which six cases are pending trial. He would further submit that there are several accused who have sexually abused the victim and sofar the respondent police has arrested 17 accused and the victim has also mentioned about several other persons and they have to be traced and secured. The investigation is in nascent stage and he would oppose for grant of bail.
5. Heard. Perused the materials available on record including the First Information Report.
6. This is the second application for bail and the earlier application for bail was dismissed on 07.02.2023 and there is no change in circumstances of the case even after dismissal of the 2/3
first petition.
7. Hence the Criminal Original Petition stands dismissed. sd/- 09/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV To 1.The Inspector of Police, All Women Police Station, Karur, Karur District.
2.The Officer Incharge, Sub Jail Kulithalai, Karur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.4505 of 2023 Date :09/03/2023 ED/SBN/SAR-1 (14/03/2023) 3P 4C 3/3