R.Muthukrishnan v. The Inspector Of Police

CRL OP(MD). No.10576 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/09/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.10576 of 2020 R.Muthukrishnan ... Petitioner/Sole Accused Vs State Represented by, The Inspector of Police, All Women Police Station, Kadambur, Thoothukudi District.

(Crime No.07 of 2020).

... Respondent/Complainant For Petitioner : Mr.M.Prabu, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For a Bail in Cr No.07 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused herein was arrested and remanded to judicial custody on 03.09.2020 for the alleged offences under Sections 363, 506(i) of IPC and Section 11(2),12 of POCSO Act.

2. The victim girl in this case is aged about 11 years and the petitioner herein is a neighbor. The case of the prosecution is that on 27.08.2020 the petitioner took the victim in his car to the remote place, where he has shown some obscene photos in his cell phone and asked her to remove the dress. When the victim girl refused to do so, the petitioner herein criminally intimidated. Being afraid of that the victim girl removed her dress, in the meantime the village people came there and advised the petitioner to leave her in the house. Thereafter the petitioner herein sent the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10576 of 2020 victim girl to her house in an auto. Based on the complaint given by the grand mother of the victim the present case has been registered.

3. From the perusal of the material including the statement recorded under Section 164(5) of Cr.P.C it is seen that the victim in this case was 11 years old and the petitioner herein took the victim to the remote place and also compelled her to remove the dress and also criminally intimidated her. With the intervention of some village people the victim escaped from the sexual assault.

4. Taking into consideration the gravity of offence, this Court is not inclined to grant bail to the petitioner.

5. Hence this petition stands dismissed.

sd/- 30/09/2020 / TRUE COPY / / /2020 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 OFFIER INCHARGE, DISTRICT JAIL, PERURNI 2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KADAMBUR, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10576 of 2020 Date :30/09/2020 AAV AE/VR/SAR-II (05.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2