Prabhakaran v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23406 of 2016 PRABHAKARAN ... PETITIONER/SOLE ACCUSED Vs THE STATE THROUGH THE INSPECTOR OF POLICE, BODI TOWN POLICE STATION, BODI, THENI DISTRICT, CRIME NO.990 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.JERIN MATHEW Advocate For Respondent : MR.P.KANDASAMY, 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 and remanded to judicial custody on 26.11.2016 for the alleged offences punishable under Section 366(A) of I.P.C @ 4 of POCSO Act in Crime No.990 of 2016 on the file of the respondent police and hence, seeks bail. 2.The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that the petitioner had love affair with the minor victim girl and had sexual intercourse with her when she was living with him and the investigation is pending. He further submitted that the petitioner was arrested and is in judicial custody from 26.11.2016.

3. The learned counsel for the petitioner submitted that the petitioner herein is the sole accused in this case. He further submitted that the petitioner and the victim girl, who is aged about 17 years, are lovers and the victim girl left her parental home on her own volition and the averments made in the alteration report are not true and the victim girl has not signed the statement given before the police.

4. Considering the above facts and circumstances of the case and also considering the gravity of the charge against the petitioner herein, this Court is not inclined to grant bail to the https://hcservices.ecourts.gov.in/hcservices/

petitioner herein at this stage. Accordingly, this Criminal Original Petition is dismissed.

sd/- 23/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, BODI TOWN POLICE STATION,BODI, THENI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER IN CHARGE, SUB JAIL, MELUR.

+1. CC to M/S.M.JERIN MATHEW Advocate SR.No.83382 PM CSL/SKN/SAR-I/03.01.2017 : 2P/5C

ORDER

IN CRL OP(MD) No.23406 of 2016 Date :23/12/2016 https://hcservices.ecourts.gov.in/hcservices/