Esakkimuthu v. The Inspector Of Police

CRL OP(MD). No.9260 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.9260 of 2022 Esakkimuthu, ... Petitioner/Sole Accused Vs THE STATE REP BY, The Inspector of Police, All Women Police Station, Kanyakumari, Kanyakumari District.

(Crime No.11/2022).

... Respondent/Complainant For Petitioner : MR.S.Palani Velayutham, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.11 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 15.04.2022 for the offences punishable under Sections 5(n), 5(1), 5(j)(ii) and 6 of POCSO Act, in Crime No.11 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner had committed sexual assault upon the victim girl and as a consequence, the victim girl became pregnant. Based upon which, the present case came to be registered against the petitioner. 3.The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution.

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CRL OP(MD). No.9260 of 2022 4.The learned Additional Public Prosecutor would submit that the victim girl is the sister of the petitioner's wife, who is aged about 17 years and that the petitioner is aged about 35 years. He would further submit that the investigation is not yet completed. 5.Considering the seriousness and gravity of the offence alleged and also the fact that the investigation is not yet completed as stated by the learned Additional Public Prosecutor and also taking note of the fact that the petitioner is in judicial custody from 15.04.2022, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 09/06/2022 / TRUE COPY / 14/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

2 THE OFFICER INCHARGE, DISTRICT JAIL NAGERCOIL, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9260 of 2022 Date :09/06/2022 sji PKP/VR/SAR- /14.06.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2