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Madras High CourtCRL OP(MD)/10171/2023dismissed

Velmurugan @ Pannimurugan v. The Inspector Of Police

2023-06-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10171 of 2023 Velmurugan @ Pannimurugan ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Sivaksi All Women Police Station, Virudhunagar District.

Crime No.23 of 2022.

... Respondent/Complainant For Petitioner : M/s.Veerapandi P, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To release the Petitioner on bail in connection with Spl.SC.No.14 of 2023 on the file of Learned Sessions Judge, Fast Track Mahila Court, Srivilliputtur, Virudhunagar District in Crime No.23 of 2022 pending on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who is facing trial for the offences punishable under Section 506(1) of IPC and Sections 5(1), 5 (j)(ii) r/w 6 of POCSO Act in Spl.S.C.NO.14 of 2023 on the file of the learned Sessions Judge, Fast Track Mahila Court, Srivilliputhur, Virudhunagar District in Crime No.23 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner came into the victim's house and asked her to give some water. Thereafter, suddenly, he locked the door and had committed aggravated penetrative sexual assault with the victim. Hence, the case. https://www.mhc.tn.gov.in/judis

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

4.It is seen that the petitioner has already married two wives. While being so, the petitioner had committed aggravated penetrative sexual assault on the minor victim girl, aged about 17 years. The petitioner is the maternal uncle of the victim girl, had trespassed into the house and committed serious and heinous offence as against the minor girl. Now the prosecution had examined five witnesses as P.W.1 to P.W.5. All the evidences are very clear and in order to attract the offence as alleged by the prosecution. Hence, this Court is not inclined to grant bail to the petitioner. 5.Accordingly, the petition stands dismissed. sd/- 12/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, SRIVILLIPUTTUR, VIRUDHUNAGAR DISTRICT 2 THE INSPECTOR OF POLICE SIVAKSI ALL WOMEN POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL SUB JAIL, VIRUDHUNAGAR.

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

ORDER

IN CRL OP(MD) No.10171 of 2023 Date :12/06/2023 SS/VR/19/06/2023/2P/5C https://www.mhc.tn.gov.in/judis