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Madras High CourtCRL OP(MD)/1742/2017dismissed

Rajkumar, v. State Through

2017-02-16Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1742 of 2017 RAJKUMAR, ... PETITIONER /SOLE ACCUSED Vs STATE THROUGH THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION KAMUTHI, RAMNAD DISTRICT (IN CRIME NO.2 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.J.CHAKKARAVARTHY Advocate For Respondent : MR.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / sole accused, who was arrested on 26.01.2017 for the offences punishable under Section 4 of Protection of Child from Sexual Offences Act, 2012 in Crime No.2 of 2017 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 25.01.2017, the petitioner raped the de facto complainant, aged about 18 years when she was in the field for grazing the goat.

3.The learned counsel for the petitioner would submit that the marriage proposal of the petitioner with the de facto complainant was refused by the de-facto complainant's parents and due to the same, the present complaint is lodged. He also submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate(Crl. Side) submitted that the victim was subjected to medical examination and report is awaited in this case and investigation is also pending.

5.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioner and the medical report is awaited and investigation https://hcservices.ecourts.gov.in/hcservices/

is pending, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, this Criminal Original petition is dismissed.

sd/- 16/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

NBJ TO 1 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION KAMUTHI, RAMNAD DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER INCHARGE SUB JAIL, MUDHUKULATHUR, RAMANATHAPURAM DISTRICT +1. CC to M/S. S.J.CHAKKARAVARTHY Advocate SR.No.8825 GJM/MMS/SAR-3-22.2.17-2P-5C

ORDER

IN CRL OP(MD) No.1742 of 2017 Date :16/02/2017 https://hcservices.ecourts.gov.in/hcservices/