Madras High CourtCRL OP(MD)/7225/2021dismissed

Manikandan v. The Inspector Of Police

2021-06-04Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.7225 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.7225 of 2021 Manikandan ... Petitioner/Accused Vs The State rep.by, The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

Crime No.141/2021. ... Respondent/Complainant For Petitioner : Mr.A.P.Muthupandian, 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.141 of 2021 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 02.04.2021 for the offences punishable under Sections 366(A) of IPC sne Section 5(l), 6 of POCSO Act in crime No.141 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner on false promise of marrying the victim had sexual intercourse with her and thereafter refused to marry 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 both the petitioner and the victim loved each other and they are ready to marry after the victim attains the age of majority. He would also submit that the petitioner is in judicial custody from 02.04.2021, hence he may be granted bail.

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CRL OP(MD). No.7225 of 2021 4.The learned Government Advocate(Crl.Side) would submit that it is not a case of love affair between the petitioner and the victim. He would also submit that the investigation is in the preliminary stage and the medical report not yet received, hence he opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also the fact that the investigation is in the preliminary stage and medical report not yet received, this Court is not inclined to grant bail to the petitioner at this stage.

6. Hence the petition stands dismissed.

sd/- 04/06/2021 / 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, MUKKUDAL POLICE STATION, TIRUNELVELI 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.7225 of 2021 Date :04/06/2021 AAV TK/PN/SAR.3/09.06.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2