Rajenthiran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY Rajenthiran ... Petitioner/Accused No.1 Vs The Inspector of Police, AWPS Tiruchendur, Thoothukudi District, (Crime No. 2 of 2024) ... Respondent/Complainant For Petitioner :

Mr.D.S.Haroon Rasheed, Advocate For Respondent :

M/s.A.Aasha, Government Advocate (Criminal side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 2 of 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 06.02.2024, for the offence under Sections 3, 4, 5(n), 5(1), 5(j)(ii), 6 of POCSO Act 2012 in Crime No.2 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 20.07.2023, the accused persons had committed aggravated penetrative sexual assault on the victim, who is aged about 16 years, thereby, she became pregnant. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner is 1/3

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 06.02.2024. In this case, statement of the victim was recorded under Section 164 of Cr.P.C and the medical examination was also completed. Hence, he prays for grant of bail to the petitioner.

4. The Learned Government Advocate (Criminal side) appearing for the respondent police submitted that the victim in her statement under Section 164 of Cr.P.C., has clearly stated about the overt act committed by the petitioner and other accused. 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 averments of the victim in the statement recorded under Section 164 of Cr.P.C., this Court is not inclined to enlarge the petitioner on bail. Hence, this petition stands dismissed.

sd/- 11/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

Tmg 2/3

TO 1 THE INSPECTOR OF POLICE, AWPS TIRUCHENDUR, 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.8881 of 2024 Date :11/07/2024 RS/JGB/SAR-(18.07.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3