Madras High CourtCRL OP(MD)/7226/2023dismissed

Periyasamy @ Azhaguraja v. The Inspector Of Police

2023-04-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.7226 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7226 of 2023 Periyasamy @ Azhaguraja ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, Devadanapatti Police Station, Theni District.

Crime No. 29 of 2023.

... Respondent/Complainant For Petitioner : M/s.Kathirvelu Senior Counsel for M/s. Prabhu.K, 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. 29 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 31.01.2023 for the offence punishable under Sections 366,294(b),324,506(ii) of IPC and section 5(l) and 6 of POCSO Act,2012 and section 67 B of Information Technology Act,2000 in crime No.29 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the first accused on the false promise of marrying the minor victim had sexual intercourse and when the same was questioned the petitioner herein along with other accused abused the defacto complainant and also threatened with dire consequences, hence the case. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.7226 of 2023 3.Heard both sides and perused the materials available on record including the First Information Report and also the statement of the victim recorded under section 164 of Cr.P.C. 4.Taking into consideration the serious offence committed by the petitioner this Court had already dismissed the petition filed by the petitioner on 21.03.2023 in Crl.O.P(MD) No.5302 of 2023. Further even after the dismissal of the earlier petition there is no change in circumstances of the case to consider the present petition, hence the petition stands dismissed. sd/- 19/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO

1. The Officer In-Charge, Sub Jail, Periyakulam.

2. The Inspector of Police, Devadanapatti Police Station, Theni District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.7226 of 2023 Date : 19/04/2023 NA/BUC/SAR-I/25.04.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2