Masanam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.13567 of 2021 Masanam ... Petitioner/Sole Accused Vs State rep by The Inspector of Police, Tirunelveli Town All Woman Police Station Tirunelveli District.

(Crime No.9 of 2021). ... Respondent/Complainant For Petitioner : M/s.R.Maheshwaran Advocate.

For Mr.C.Susikumar Advocate For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.9 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused , who was arrested on 24.08.2021, for the offence punishable under Sections 7 and 8 of Protection of Children from Sexual Offences Act, 2012 and Section 506(i) I.P.C, in Crime No.9 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner aged about 70 years has forcibly taken 11 years child to his house and confined her for more than an hour and has also misbehaved with her. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the allegations levelled as against the petitioner are false. The petitioner who is aged about 70 years, is having kidney ailments and https://hcservices.ecourts.gov.in/hcservices/

therefore, a proper medical treatment is required for him. He would further submit that the petitioner is languishing in jail from 24.08.2021. Hence, he seeks for grant of bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent has produced the statement under Section 164 Cr.P.C recorded from the victim girl.

5.On perusal of the 164 Cr.P.C statement, this Court is not inclined to grant bail to the petitioner. However, considering the submission of the learned counsel for the petitioner that the petitioner is suffering with kidney ailments, the jail authorities shall ensure that proper treatment is provided to the petitioner. 6.With the above observation, this Criminal Original Petition is dismissed.

Sd/- 15/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msa 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 INSPECTOR OF POLICE, TIRUNELVELI TOWN ALL WOMAN POLICE STATION TIRUNELVELI.

2.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.13567 of 2021 Date : 15/09/2021 VB/JC/SAR.IV/23.09.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/