Paldurai v. The Inspector Of Police

CRL OP(MD)No.6594 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD)No.6594 of 2021 Paldurai ... Petitioner/Accused Vs The State rep.by, The Inspector of Police, All Women Police Station, Palayankottai, Tirunelveli City.

Crime No.8 of 2021. ... Respondent/Complainant For Petitioner : Mr.S.M.A.Jinnah, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- . For Bail in Crime No.8 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 28.03.2021 for the offences punishable under Sections 506 (ii) IPC and Sections 5(j)(ii) and 6 POCSO Act, 2012 in crime No.8 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner, on the pretext of love, had physical relationship with the victim girl, who is aged about 15 years and impregnated her. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner was suffered with chicken-box and he is in judicial custody from 28.03.2021, hence he may be granted bail.

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CRL OP(MD)No.6594 of 2021 4.The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that the petitioner, who is aged about 21 years, forcibly had physical relationship with the victim girl, who is aged about 15 years and impregnated her and now, she is six months pregnant. He would further submit that 164 Cr.P.C., statement of the victim girl is recorded and medical report is not yet received. He would also submit that the investigation in this case is at preliminary stage. Hence, he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also the fact that investigation in this case is at preliminary stage, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. sd/- 07/06/2021 / TRUE COPY / / /2021 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, PALAYANKOTTAI, TIRUNELVELI CITY.

2.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.6594 of 2021 Date :07/06/2021 GNS TK/PN/SAR.3/10.06.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2