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Madras High CourtCRL OP(MD)/11052/2022dismissed

Vijaya Kumar v. The Inspector Of Police

2022-07-12Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.11052 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11052 of 2022 Vijaya Kumar ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Thirumangalam Police Station, Madurai District.

Crime.No. 14 of 2022.

... Respondent/Complainant For Petitioner : M/s.Vadivelan T, 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.14 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 13.05.2022 for the alleged offences under Sections 7,8, 11(3), 12 of POCSO Act, 67B IT Act, 448, 506(i) of IPC, in Crime No.14 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant was deserted by her parents and living with her grand mother. On 08.05.2022, at about 05.00 p.m, when she was alone in the house and taking bath, her maternal uncle namely, the accused Vijayakumar came there and misbehaved with her by showing obscene videographs. Based upon the complaint given by the defacto complaint, case has been registered against the petitioner and he was arrested on 13.05.2022. Ever since, he is in custody. Seeking bail, this petition has been filed.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11052 of 2022 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submitted that the victim girl is the close relative of the petitioner and at the time of occurrence, no physical relationship took place between them. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that the victim is aged about 15. The petitioner is aged about 39. He misbehaved with the victim girl by showing obscene videographs. Investigation is not yet completed.

5.It appears that the offence committed by the petitioner requires proper investigation. If he is released on bail, there is every likelihood of tampering the evidence.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 12/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, THIRUMANGALAM POLICE STATION, MADURAI DISTRICT.

2. THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

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

ORDER

IN CRL OP(MD) No.11052 of 2022 Date :12/07/2022 DSS USK/SVR/SAR-I/28.07.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2