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Madras High CourtCRL OP(MD)/4848/2024dismissed

N.Karthick @ Karthikeyan v. The Inspector Of Police

2024-03-27Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI N.KARTHICK @ KARTHIKEYAN ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION TALLAKULAM MADURAI CITY, CRIME NO.35/2023.

... RESPONDENT/COMPLAINANT For Petitioner :

M/S.S.BALASUBRAMANIAN, Advocate For Respondent :

MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER : FOR BAIL IN CRIME NO.35/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Accused rank not known, who was arrested and remanded to judicial custody on 02.03.2024 for the offences under Sections 344, 506(ii) of IPC and 4 (2), 5(i), 5(h), 6 of POCSO Act in Crime No.35 of 2023 on the file of the respondent Police, seeks bail.

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2. The case of the prosecution is that the defacto complainant is the grand mother of the victim girl, who is aged about 13. After death of the victim girl's father, the defacto complainant, victim and her mother were lived jointly. After that, the victim and her mother were lived seperately. At that time, the victim's mother and aunt forced the victim to have a sexual relationship with many persons. Thereby, the victim was harassed by her mother, aunt and some other persons and caused injury to her. Thereafter, the victim escaped from her mother's house and reached her grandmother's house, where she has stated about the injuries caused to her and the harassment made by her mother. Hence, the complaint.

3. The learned Counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner has been suffering incarceration from 02.03.2024. Hence, he seeks for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor submits that the petitioner involved in serious nature of offences that all the accused persons including the victim's mother and aunt forced the victim girl to have sexual relationship with many persons by giving sleeping tablets, thereby harassed her. Hence, he vehemently opposed to grant of bail.

5. Considering the facts and circumstances of the case and also considering the 2/3

allegations levelled against the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. sd/- 27/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TALLAKULAM MADURAI CITY.

2 THE SUPERINTEDENT, CENTRAL PRISON, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :27/03/2024 RS/JGB/SAR-(16.04.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3