Karuppasamy @ Kalaignar v. The Inspector Of Police

CRL OP(MD). No.8901 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.8901 of 2020 Karuppasamy @ Kalaignar ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

(Crime No.4 of 2020) ... Respondent/Complainant For Petitioner : M/s.R.Manoharan, Advocate.

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

PRAYER :- For Bail in Crime No.4 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner herein was arrested and remanded to judicial custody on 14.06.2020 for the alleged offences under Sections 5(m) (i)r/w.6 of POCSO Act, 2012 and Section 376(AB) of IPC.

2. The case of the prosecution is that on 13.06.2020, while the victim girl aged about three years was playing in front of the house, the petitioner aged about 55 years is said to have picked up the victim girl to his house and indulged in penetrative sexual assault. Subsequently the mother of the victim girl came to know about the incident and she admitted in the hospital and thereafter complaint has been given.

3. This is the second bail petition. Earlier this Court by an order dated 21.07.2020 in Crl.O.P(MD) No.6964 of 2020 had dismissed the bail petition on the ground that petitioner has indulged in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8901 of 2020 penetrative sexual assault with the three years old girl and Medical report also shows that the victim girl aged about 3 years was also subjected to penetrative sexual assault

4. Taking into consideration the fact that there is no change in circumstances of the case and the offence committed by the petitioner is a heinous one, this Court is not inclined to grant bail to the petitioner.

5. Hence this petition stands dismissed.

sd/- 25/08/2020 / TRUE COPY / / /2020 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, MANAMADURAI, SIVAGANGAI DISTRICT.

2. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.8901 of 2020 Date :25/08/2020 MS/VR/SAR-2/27.08.2020/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2