Madras High CourtCRL OP(MD)/9646/2023dismissed

Pradeep v. The Inspector Of Police

2023-06-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.9646 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.9646 of 2023 Pradeep ... Petitioner / Sole Accused Vs The State rep by The Inspector of Police, All Woman Police Station, Aranthangi, Pudukottai District.

(Crime No.25 of 2022) ... Respondent / Complainant For Petitioner : Mr.R.Prasanna, 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. 25 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner /Sole accused who was arrested and remanded to judicial custody on 29.11.2022 for the offences under sections 5(m), 5(n) r/w Section 6(1) of POCSO Amendment Act, 2019, in Crime No.25 of 2022 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant is the mother of the victim, who is aged about 5 years at the time of occurrence. On 25.10.2022 (next day of Deepawali), at about 5.00 p.m, the petitioner had committed a sexual assault on the victim girl. Hence, the complaint.

3. Heard. Perused the materials available on record including the First Information Report.

4. It is seen that victim is aged about only 5 years at the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.9646 of 2023 time of occurrence and the petitioner is aged about 19 years. The 164 Cr.P.C statement of the victim girl reveals that the petitioner had committed a sexual assault on her, who is aged about 5 years.

5. Considering the facts and circumstances of the case and also considering the gravity of the offence, this court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed.

sd/- 05/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Inspector of Police, All Women Police Station, Aranthangi, Pudukkottai District.

2.The Officer Incharge, District Jail, Pudukkottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.9646 of 2023 Date :05/06/2023 ED/BUC/SAR- (13/06/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2