Madhavan v. The Inspector Of Police

CRL OP(MD). No.6069 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.6069 of 2022 Madhavan ... Petitioner/Accused Vs The State rep.by The Inspector of Police, Soolakari Police Station, Virudhunagar District.

(Cr.No. 28 of 2022).

... Respondent/Complainant For Petitioner : M/s.CHANDRASEKAR.R, Advocate.

For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.28 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 16.02.2022 for the offences punishable under Sections 439(1)(a), 363 and 506(1) of IPC and Sections 5(1) r/w 6, 7 and 8 of POCSO Act, 2012 in Crime No.28 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner by giving false promise to marry her, had committed sexual assault upon the victim girl, who is aged about 17 years. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

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CRL OP(MD). No.6069 of 2022 4.The learned Additional Public Prosecutor would submit that in the statement recorded under Section 164 Cr.P.C., the victim girl has specifically implicated the involvement of the petitioner that he had physical relationship with her. He would further submit that the investigation is pending.

5.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is pending as stated by the learned Additional Public Prosecutor and also taking note of the statement under Section 164 of Cr.P.C. given by the victim girl implicating the petitioner in this case, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 08/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE INSPECTOR OF POLICE, SOOLAKARI POLICE STATION, VIRUDHUNAGAR DISTRICT.

2 THE OFFICER INCHARGE SUB JAIL, VIRUDHUNAGAR.

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

ORDER

IN CRL OP(MD) No.6069 of 2022 Date :08/04/2022 SA/SVR/SAR.1/20.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2