Dhanabal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.9690 of 2022 Dhanabal ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, All Women Police Station, Aruppukottai, Virudhunagar District.

(Crime.No.6/2022).

... Respondent/Complainant For Petitioner : M/s.Muneeswaran B, 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.6 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused No.2, who was arrested and remanded to judicial custody on 08.04.2022 for the offences punishable under Sections 366, 376(3) of IPC and 5(1)(j)(ii) r/w 6 of POCSO Act 2012, in Crime No.6 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner had committed penetrative sexual assault on the victim girl, who is aged about 15 years. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

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4.The learned Additional Public Prosecutor would submit that the victim girl, in her statement recorded under Section 164 Cr.P.C., has specifically implicated the petitioner herein and he is the main accused.

5.Considering the seriousness and gravity of the offence alleged against the petitioner and also the fact that investigation is pending, this Court is not inclined to grant bail to the petitioner.

6.In the result, this Criminal Original Petition is dismissed. Sd/- 08/06/2022 / TRUE COPY / 13/06/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

tta 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, ARUPPUKOTTAI, VIRUDHUNAGAR 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.9690 of 2022 Date :08/06/2022 SP/JM/SAR II/13/06/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/