Manikandan v. The Inspector Of Police

CRL OP(MD). No.9421 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.9421 of 2021 Manikandan ... Petitioner/Sole Accused Vs The State Represented by The Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District.

(Crime No.13 of 2021). ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, 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.13 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 22.06.2021 for the offences punishable under Sections 5(l) and 6 of POCSO Act in Crime No.13 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim was studying XII standard in Ayyamapalayam Higher Secondary School in the academic year 2020-2021. She has no father and her mother was taking care of her. Her Date of Birth is 09.06.2004 The accused Manikandan is running briyani stall and he used to give briyani to the defacto complainant. Two years before the incident he took the defacto complainant to the land of Renganathan and had sexual relation with her inspite of her resistance. He had sexual relationship with her on several occasions. On 15.03.2021 at about 06.00 hrs also he had sexual relationship with her. There were frequent fight between them. The defacto complainant informed their https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.9421 of 2021 relationship to her mother . Therefore she was sent to her aunt's house at Rasampalayam. On 21.06.2021 she came back to her house. On the same day the accused had come to her house and picked up quarrel with them, therefore the case came to be registered. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 22.06.2021, hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed the bail petition on the ground that the investigation is not yet completed. His further submission is that the petitioner is a married man having a child.

5. Is is seen from the allegations made in the First Information Report that victim girl had been ravished by the petitioner for the past two years. Further the petitioner is a married man having a child and the investigation is at the nascent stage. Therefore this Court is not inclined to grant bail to the petitioner.

6. In the result, the petition stands dismissed. sd/- 16/07/2021 / 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 SUPERINTENDENT, CENTRAL PRISON,TRICHY.

2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, JEEYAPURAM, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.9421 of 2021 Date :16/07/2021 AAV SS/SRS/SAR-III/15.07.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2