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Madras High CourtCRL OP(MD)/6420/2020dismissed

Sathyadhas v. The Inspector Of Police

2020-06-24Honourable Mr Justice Rmt. Teekaa Raman2 pages

CRL OP(MD). No.6420 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2020 PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CRL OP(MD). No.6420 of 2020 Sathyadhas ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Colachel All Women Police Station, Nagercoil, Kanyakumari District.

(Crime No.14 of 2020) ... Respondent/Complainant For Petitioner : M/s.F.Deepak, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 14 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner is a sole accused. He was arrested and remanded to Judicial Custody on 03.06.2020 for the offences punishable under sections 11(1) and 12 of POCSO Act in Crime No.14 of 2020 on the file of the respondent police. He seeks bail. 3.The case of the prosection is that the petitioner on 27.05.2020, the petitioner had sexually harassed the victim girl aged about 14 years when the girl went to fetch water from the nearby tab of her house. Thereby, the act of the petitioner has caused mental agony and stress for the victim girl. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6420 of 2020 4.The age of the victim is 14 years and studying 8th standard. The petitioner aged about 75 years, with criminal intention and committed the offence of sexual harassment when the victim went to fetch water from the nearby tab of her house and knowingly that she is minor repeatedly. Due to the act of the petitioner, the victim is suffering from stress, pain and had not recovered from mental agony. 164 Cr.P.C. statement of the victim not yet completed which is pending. The statement of the victim under Section 164 Cr.P.C. is yet to be recorded.

5.For reasons stated above, I am not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

sd/- 24/06/2020 / TRUE COPY / / /2020 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, COLACHEL ALL WOMEN POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

2. THE OFFICER INCHARGE,SUB JAIL, NAGERCOIL, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6420 of 2020 Date :24/06/2020 MS/PN/SAR-3/26.06.2020/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2