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Madras High CourtCRL OP(MD)/6661/2022dismissed

Prabhu v. The Inspector Of Police

2022-04-11Honourable Mr Justice K.Murali Shankar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.6661 of 2022 Prabhu ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

(Crime No.11 of 2022).

... Respondent/Complainant For Petitioner : Mr.B.Santhanam Rajesh Kumar, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.11 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 21.03.2022 for the offences punishable under Section 363 IPC and Sections 5(l), 5(j)(ii) r/w 6 of POCSO Act, 2012, in Crime No.11 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner had forcible sexual intercourse with the victim girl, who is the daughter of the defacto complainant. Due to that, the victim girl, who is aged 15 years, got pregnant. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

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4.The learned Additional Public Prosecutor would submit that the victim girl was aged 14 years at the time of the alleged occurrence.

5.Considering the seriousness and gravity of the offence alleged against the petitioner and also the fact that investigation is pending, this Court is not inclined to grant bail to the petitioner.

6.In the result, this Criminal Original Petition is dismissed. Sd/- 11/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 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, ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

2. THE OFFICER INCHARGE, SUB JAIL, THIRUPATHUR, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6661 of 2022 Date :11/04/2022 SP/VR/SAR II/18/04/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/