Sounthirapandi v. The Inspector Of Police

CRL OP(MD). No.6822 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.6822 of 2021 Sounthirapandi ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, Kadupatti Police Station, Madurai District.

Crime No.60/2021.

... Respondent/Complainant For Petitioner : Mr.Pitchai Muthu.M, Advocate.

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

PRAYER :- For bail in Cr.No.60 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 08.04.2021 for the offence punishable under Sections 376 and 506(i) of IPC , in Crime No.60 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to civil dispute the petitioner herein gave an undertaking that he would solve her land dispute and took the defacto complainant into her house and committed sexual assault on her and also criminally intimidated her. Hence the complaint.

3.The learned counsel for the petitioner would submit that due to previous motive a false complaint has been given against the petitioner. He would further submit that only after five days the present motivated complaint has been lodged against the petitioner. He further submitted that the medical examination is over and as per the report there is no external injuries. The petitioner is in judicial custody from 08.04.2021, hence he seeks bail. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6822 of 2021 4.The learned Government Advocate (Crl.Side),on instructions, would submit that victim is aged about 80 years and the petitioner herein is aged about 56 years. He further submitted that the investigation is in preliminary stage and waiting for medical report. Hence, he strongly opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also the fact that the investigation is at the preliminary stage and medical report not yet received, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

sd/- 02/06/2021 / 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 SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2 THE INSPECTOR OF POLICE, KADUPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6822 of 2021 Date :02/06/2021 AAV JM/VR/SAR I/04.06.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2