Jeyakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/05/2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY Jeyakumar ... Petitioner/Sole Accused Vs The Inspector of Police, Nazareth Police Station, Thoothukudi District.

Cr.No.33/2024.

... Respondent/Complainant For Petitioner : Mr.T.A.EBENEZER, Advocate For Respondent : Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 33/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 28.02.2024, for the offence under Section 363 IPC and 3(a) r/w 4 of POCSO Act 2012 in Crime No.33 of 2024 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that on 27.02.2024 at about 08.00p.m., the accused kidnapped the minor victim girl, who is aged about 14 years and committed penetrative sexual assault. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. In this case, investigation has been completed. However, he is languishing in jail from 28.02.2024. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner, who is aged about 36 years and a married man with two children, has kidnapped the victim and committed penetrative sexual assault. In this case, investigation has been completed and final report was also filed before the concerned Court. If the petitioner is released on bail, he may abscond and tamper the material witness. Hence, prays to dismiss the petition. 5.Since the offence committed by the petitioner is grave in nature and considering the vehement objection raised by the learned Additional Public 2/3

Prosecutor, this Court is not inclined to enlarge the petitioner on bail. Hence, this petition stands dismissed.

sd/- 22/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE INSPECTOR OF POLICE, NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.6987 of 2024 Date :22/05/2024 SA/JGB/SAR. /27.05.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3