Madras High CourtCRL OP(MD)/7414/2020dismissed

Arulappan v. The Inspector Of Police

2020-08-18Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.7414 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.7414 of 2020 Arulappan ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Marthandam, Kanniyakumari District.

Crime No.20/2020. ... Respondent/Complainant For Petitioner : M/s.S.Sivakumar, Advocate.

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

PRAYER :- For Bail in Crime No. 20 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused herein was arrested and remanded to judicial custody on 06.06.2020 for the alleged offences under Sections 5(m) and 6 of POCSO Act and 506(i) of IPC.

2. The victim is aged about 11 years. The case of the prosecution is that 26.05.2020 when the victim girl went to the house of the petitioner to give briyani, the petitioner herein sexually assaulted her and when the victim girl shouted he criminally intimidated her. Hence the complaint.

3. From the perusal of the records and the other materials produced before this Court including the including the statement of the victim recorded under Section 164 of Cr.P.C, it clearly reveals https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.7414 of 2020 that when the victim girl went to the house of the petitioner herein to give briyani, petitioner sexually assaulted her and when the victim girl shouted he criminally intimidated her.

4. Considering the grievous nature of offence committed by the petitioner against the victim who is aged about 11 years, this Court is not inclined to grant bail to the petitioner.

5. Hence this petition stands dismissed.

sd/- 18/08/2020 / TRUE COPY / /08/2020 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, ALL WOMEN POLICE STATION, MARTHANDAM, KANNIYAKUMARI DISTRICT.

2.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.7414 of 2020 Date :18/08/2020 AAV TK/JC/SAR.3/20.08.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2