Karthik @ Karthikraja v. The Inspector Of Police

CRL OP(MD). No.14261 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14261 of 2022 Karthik @ Karthikraja ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Keeranur All Women Police Station, Pudukkottai District.

Crime.No.14 of 2022.

... Respondent/Complainant For Petitioner : M/s.M.Arun Shankar, 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.14 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 04.05.2022 for the alleged offences under Sections 5(1) r/w 6(1) of POCSO Amendment Act, 2019, in Crime No.14 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that earlier application that was filed by the petitioner in Crl.OP(MD)No.9856 of 2022 came to be dismissed on the ground that the victim girl is aged about 15 and the petitioner well known the age of the victim girl, committed a sexual assault by giving false promise that he will marry her. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in custody for more than 110 days and Charge Sheet has been filed before the concerned Court and a copy of the final report has also been furnished.

4.Reading of the statement of the victim girl shows that the age has been misused by the petitioner and subjected her sexual assault by giving some sort of false promise. She is aged about only

15. So, the question of love affair as stated by the petitioner may not acceptable and believable.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14261 of 2022 5.Considering the age of the victim girl, the petitioner may file an application after examination of the victim girl and material witnesses.

6.In view of the above, this Criminal Original Petition is dismissed.

sd/- 29/08/2022 / TRUE COPY / 09/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, ALL WOMEN POLICE STATION, KEERANUR, PUDUKKOTTAI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKOTTAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.14261 of 2022 Date :29/08/2022 DSS RS/VR/SAR.1 (09.09.2022) 2P-4C https://www.mhc.tn.gov.in/judis 2/2