Karthick v. The Inspector Of Police

CRL OP(MD). No.5106 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5106 of 2023 Karthick ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Bodi All Women Police Station, Theni District.

Cr.No.06/2023.

... Respondent/Complainant For Petitioner : M/s.Jerin Mathew M, 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.06/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 08.02.2023 for the offence punishable under Sections 366, 323, 506(i) of IPC and section 4(2), 5(l) and 6 of POCSO Act 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 herein who is aged about 23 years had abducted the minor girl aged about 14 years and committed penetrative sexual assault on the minor victim girl and also threatened her with dire consequences , hence the case.

3.Heard both sides and perused the materials available on record including the First Information Report and also the statement of the victim recorded under section 164 of Cr.P.C. 4.On perusal of the statement recorded under section 164 Cr.P.C it is revealed that the victim had spoken to the petitioner and https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.5106 of 2023 utilizing the said circumstances the petitioner had taken her to his native place and committed penetrative sexual assault on the minor victim girl aged about 14 years and he has committed a very serious and heinous offence as against the minor victim girl, hence this Court is not inclined to grant bail to the petitioner. 5.Hence the petition stands dismissed.

sd/- 17/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE OFFICER INCHARGE, SUB JAIL, UTHAMAPALAYAM. 2 THE INSPECTOR OF POLICE, BODI ALL WOMEN POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5106 of 2023 Date :17/03/2023 RS/MMS/SAR-1(27.03.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2