Arichandrapandian v. The Inspector Of Police

CRL OP(MD). No.8130 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.8130 of 2022 Arichandrapandian, ... Petitioner/Accused No.2 Vs THE STATE REP BY, The Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District.

(Crime No.03/2022).

... Respondent/Complainant For Petitioner : MR.M.Ganeshkamu, 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.03/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A.2, who was arrested and remanded to judicial custody on 16.03.2022 for the offences punishable under Sections 6, 5(i), 5(i)(ii), 5(n)12, 11(v) of Protection of Children from Sexual Offences Act, 2012 and Section 452 of IPC and 67 of I.T. Act in Crime No.03 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that A1 had sexual intercourse with the victim girl and videographed the same and send that videograph to the petitioner and other accused and all the accused threatened the victim girl and unlawfully had intercourse with her. Hence, the complaint.

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CRL OP(MD). No.8130 of 2022 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl. side) would submit that in the statement recorded under Section 164 Cr.P.C., the victim girl has specifically stated that the petitioner had committed rape on her several times by showing video footage. He would further submit that the investigation is pending.

5.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is pending and also taking note of the statement under Section 164 of Cr.P.C. given by the victim girl implicating the petitioner in this case, this Court is not inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 28/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SANKARANKOVIL, TENKASI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8130 of 2022 Date :28/04/2022 SJI PKP/JM/SAR-2/04.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2