Madras High CourtCRL OP(MD)/8498/2021dismissed

Amjathkhan v. The Inspector Of Police

2021-06-29Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.8498 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8498 of 2021 Amjathkhan ...Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Aranthangi, Pudukottai District.

Crime No.5/2021. ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate.

For Respondent : Mr.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 5 of 2021 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner is arrayed as sole accused. He was arrested and remanded to Judicial Custody on 18.03.2021 for the offences punishable under Sections 5(n), 5(j) and 6(l) of Protection of Children from Sexual Offences Act, 2012 in Crime No.5 of 2021 on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that the petitioner is the third husband of the de-facto complainant. The petitioner, de-facto complainant and her child, namely, the victim girl, aged about 14 years, were living together in the same house. The de-facto complainant noticed that her minor daughter's stomach was growing big. When she enquired, her daughter told that the petitioner had sexually misbehaved with her and as a result she got pregnant. Therefore, the case came to be registered.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8498 of 2021 3.The learned counsel for the petitioner would submit that the earlier petition filed by the petitioner was dismissed by this Court on 15.06.2021 in Crl.O.P(MD) No.7365 of 2021, since the dismissal of the earlier petition there is change in circumstances of the case that final report has been filed and taken on file in Spl.S.C.No. 12 of 2021.

4. The learned Additional Public Prosecutor opposed the bail petition on the ground that the petitioner being the step father had ravished her step daughter. He apprehends danger to the victim at the hands of the petitioner.

5. This is the case where the step father ravished his step daughter. Taking into consideration the grievous offence committed by the petitioner and also the fact that if the petitioner is released on bail he may tamper the evidence and witnesses, especially the victim girl,this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 29/06/2021 / 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, ALL WOMEN POLICE STATION, ARANTHANGI, PUDUKOTTAI DISTRICT.

2.THE OFFICER INCHARGE DISTRICT JAIL, PUDUKOTTAI.

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

ORDER

IN CRL OP(MD) No.8498 of 2021 AAV Date :29/06/2021 TK/VR/SAR.4/01.07.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2