Madras High CourtCRL OP(MD)/6408/2024dismissed

Arikrishna Raj v. The Sub Inspector Of Police

2024-04-25Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Arikrishna Raj ... Petitioner/Accused Vs The Sub Inspector of Police, Devathanapatti Police Station, Theni District.

Crime No.232/2023 ... Respondent/Complainant For Petitioner :

Mr.S.Muniyandi, Advocate.

For Respondent :

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

PRAYER :- For Bail in Crime No.232 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested on 07.07.2023 for the alleged offence under Sections 5(m), 5(n), 5(l), 6, 9(m), 9(n) and 10 of Protection of Children from Sexual Offences Act and Section 376AB of IPC in Crime No.232 of 2023, on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner married A2. A2 is having two children aged about 11 years and 8 years. The petitioner as a father has abused both the children.

3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and he is languishing in jail from 07.07.2023.

4.The learned Additional Public Prosecutor appearing for the respondent has objected for grant of bail that the petitioner, who is the step father of the victim children, has misbehaved with them and the statement of the victim children has already been recorded under Section 164 of Cr.P.C. 5.In the statement recorded under Section 164 Cr.P.C., the victim children stated that the petitioner sexually assaulted them.

6.Considering the above submission and gravity of the offence, this Court is not inclined to grant bail to the petitioner. Hence, this petition is dismissed. sd/- 25/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE SUPERINTENDENT, CENTRAL PRISON, THENI DISTRICT. 2 THE SUB INSPECTOR OF POLICE, DEVATHANAPATTI POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6408 of 2024 Date :25/04/2024 RS/VR/SAR-(06.05.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3