Arunprakash v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of December Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.22795 of 2016 ARUNPRAKASH ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT CR.NO. 85 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.MALATHI Advocate For Respondent : Mrs.S.Prabha, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / sole accused, who was arrested on 14.10.2016 for the offences punishable under Sections 376, 323, 379 (NP) IPC r/w Section 3(2)(va) of SC / ST POA Act 2015 @ 376, 323 and 379 IPC in Crime No.85 of 2016 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that on 07.10.2016 when the de facto complainant was standing in a bus stand, the petitioner picked up the victim and taken her to a grave yard forcibly and rapped her and also talem away her cell phone and Rs.4000/-.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that petitioner is in custody from 14.10.2016 onwards. He also submitted that earlier the petitioner filed a petition for bail in Crl.O.P.(MD)No.21345 of 2016 and this Court by order dated 09.11.2016 dismissed the said petition.

4.The learned Government Advocate (Crl.side) submitted that the petitioner is having two previous cases and investigation is pending and strongly opposed for granting bail to the petitioner.

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5.Considering the facts and circumstances of the case and taking note of the serious offence said to have been committed by the petitioner and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original petition is dismissed. sd/- 02/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT 2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.MALATHI Advocate SR.No.78651 sm:SS2:SAR 2:14/12/2016:2P/5C

ORDER

IN CRL OP(MD) No.22795 of 2016 Date :02/12/2016 https://hcservices.ecourts.gov.in/hcservices/