Dharmar v. The Inspector Of Police

CRL OP(MD). No.9071 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD). No.9071 of 2022 Dharmar ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, All Women Police Station, Kamuthi, Ramanathapuram District (Crime No. 5 of 2022) ... Respondent/Complainant For Petitioner : Mr.K.Arunraj, Advocate.

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

PRAYER :-For Bail in Crime No.5 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 26.04.2022 for the offences punishable under Sections 363, 294(b), 506(i) of IPC and Section 5(k),5(l),5(m) and 6 of POCSO Act in Crime No.5 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein who is aged about 57 years misbehaved with the victim girl aged about 10 years. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution. He would also submit that due to previous enmity a false case has been registered against the petitioner.

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CRL OP(MD). No.9071 of 2022 4.The learned Additional Public Prosecutor would submit that the petitioner committed aggravated penetrative sexual assault on the minor victim girl aged about 10 years.

5.Taking into consideration the facts and circumstances of the case and also considering the nature and gravity of offence and the offence committed by the petitioner is very heinous in nature, this Court is not inclined to grant bail to the petitioner.

6. Hence the bail petition is dismissed.

sd/- 11/05/2022 / TRUE COPY / / /2022 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, KAMUTHI, RAMANATHAPURAM DISTRICT 2 THE OFFICER INCHARGE, SUB JAIL, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.9071 of 2022 Date :11/05/2022 AAV MK/VR/SAR.II/11.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2