Jeyakumar v. The Inspector Of Police

THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) DATED:25.07.2024

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Jeyakumar ... Petitioner / Sole Accused /Vs./ State : Represented by its Inspector of Police Nazareth Police Station, Thoothukudi District.

(Crime No.33 of 2024)

...Respondent / Complainant

P RAYER : Criminal Original Petition is filed under Section 439 of the Criminal Procedure Code to grant bail to the petitioner in Crime No.33 of 2024 on the file of the respondent police.

For Petitioner : M/s.R.Ponkarthikeyan, Advocate For Respondent : Mr.M.Aasha Government Advocate 1/4

ORDER

The petitioner/accused, who was arrested and remanded to judicial custody on 28.02.2024, for the offence under Sections 363 of IPC and 3(a) read with 4 of POCSO Act 2012 in Crime No.33 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 27.02.2024 at about 08.00 p.m., the accused kidnapped the minor victim girl, who is aged about 14 years and committed penetrative sexual assault. Hence, the complaint.

3. The Learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. In this case, investigation has been completed. However, he is languishing in jail from 28.02.2024. Hence, he prays for grant of bail to the petitioner.

4. The Learned Government Advocate appearing for the respondent police submitted that the petitioner, who is aged about 36 years and a married man with two children, has kidnapped the victim and committed penetrative sexual assault. She further submitted that if he released on bail, he may abscond and tamper the material witness. Hence, prays to dismiss the petition.

5. Since the offence committed by the petitioner is grave in nature this Court is 2/4

not inclined to enlarge the petitioner on bail.

6. Accordingly, this Criminal Original Petition stands dismissed. sd/- 25/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA To 1.The Judge, Special Court for the Exclusive Trial of Cases under POCSO Act, Thoothukudi.

2.The Inspector of Police, Nazareth Police Station, Thoothukudi District.

3.The Superintendent, Central Prison, Palayamkottai.

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

ORDER

IN CRL OP(MD) No.11406 of 2024 Date :25/07/2024 3/4

ED/ GS /SAR- (02/08/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4