Madras High CourtCRL OP(MD)/20550/2018dismissed

Bharathi v. The Inspector Of Police

2018-11-19Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of November Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20550 of 2018 BHARATHI ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, KEERANUR ALL WOMEN POLICE STATION, PUDUKKOTTAI DISTRICT.

CRIME NO.8 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.M.KARUNAKARAN Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Govt.Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody since 09.08.2018 for the offences punishable under Sections 363 of IPC, under Section 5(m), 5(1) r/w 6 of POCSO Act, 2012, in Crime No.8 of 2018, on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 08.08.2018, the petitioner kidnapped the daughter of the defacto complainant and raped the victim girl, aged about 7 years. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. side) would submit that the victim child is 7 years old who has given 164 statement and there is no change of circumstances. After proper investigation, charge sheet has also been filed which has been taken on file in Special S.C.No.121 of 2018.

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

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6.Accordingly, this criminal original petition is dismissed. sd/- 19/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUPERINTENDENT CENTRAL PRISON, TRICHIRAPPALI.

2.THE INSPECTOR OF POLICE KEERANUR ALL WOMEN POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. CC to Mr.K.M.KARUNAKARAN Advocate SR.No.21778.

ORDER

IN CRL OP(MD) No.20550 of 2018 Date :19/11/2018 RAM/JC/SAR 2/22.11.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/