Sritharan 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 Sritharan ... Petitioner/Accused 1 Vs The Inspector of Police, AWPS - Papanasam, Thanajavur.

(Crime No.32/2023).

... Respondent/Complainant For Petitioner : Mr.S.S.SUNDARAPANDIAN, 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.32/2023 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 22.12.2023, for the offence under Sections 5(g), 5(i), 6, 9(g), 9(i), 10, 13(a), 1/3

14(1) of POCSO Act in Crime No.32 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 19.12.2023, the accused persons had committed sexual assault and harassed the victim, who is aged about 16 years. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner is arrayed as A1. He is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 22.12.2023. In this case, statement of the victim was recorded under Section 164 of Cr.P.C. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the accused persons have committed gang rape. 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. 2/3

5.Since the offence committed by the petitioner is grave in nature and considering the facts and circumstances of the case, 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, AWPS - PAPANASAM, THANAJAVUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.7285 of 2024 Date :22/05/2024 SA/VR/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