Sridhar v. The Inspector Of Police

CRL OP(MD). No.12067 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12067 of 2023 Sridhar ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Sankarankovil, All Women Police Station, Tenkasi District.

Cr.No.12/2023.

... Respondent/Complainant For Petitioner : M/s.Veerapandi S P, For Respondent : Mr.B.Nambiselvam, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 12 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 30.01.2023 for the alleged offence under Sections 5(1), 5(j)(ii) r/w 6 of POCSO Act, in Crime No.12 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the accused had committed aggravated penetrative sexual assault with the victim/daughter of the defacto complainant. Hence, the case. 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. The petitioner is in custody from 30.01.2023. Hence, prays to release him on bail. 4.The learned Additional Public Prosecutor submitted that the petitioner had committed aggravated penetrative sexual assault with the victim. The investigation is not yet completed. DNA test has to be conducted. Hence, prays to dismiss the petition. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12067 of 2023 5.Perusal of CD records show that the defacto complainant had lodged a complaint stating that the victim was aged about 15+ years. There is some sort of affair between the accused and victim girl. When the girl was admitted in the hospital, it came to know that the victim was three months pregnant.

6.On considering the age of victim, gravity of offence and the DNA Test has to be conducted, if the petitioner is released on bail at this stage, he may tamper the material evidence, which would hamper the investigation. In view of the above, this Court is not inclined to grant bail to the petitioner.

7.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 03/07/2023 / TRUE COPY / / 07 /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. The Inspector of Police, Sankarankovil, All Women Police Station, Tenkasi District. Cr.No.12/2023.

2. The Superintendent, Central Jail, Palayamkottai.

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

ORDER

IN CRL OP(MD) No.12067 of 2023 Date :03/07/2023 RD(06/07/2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2