J.Madhankumar v. The Inspector Of Police

CRL OP(MD). No.14184 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14184 of 2022 J.Madhankumar ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, All Women Police Station-Rural, Tirunelveli District.

Crime No.9 of 2022.

... Respondent/Complainant For Petitioner : M/s.Robinson A, 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.9 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 12.06.2022 for the alleged offence under Sections 363, 307 IPC and Sections 7, 8, 9(m), 9(i) and 10 of Protection of Child From Sexual Offences Act, 2012, in Crime No.9 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 11.06.2022, at about 4.45PM, the defacto complainant's child, who is aged about 8 years 9 months, after playing came to home with crying. When the same was enquired, she told that some unknown person dragged her to jungle and strangulated, assaulted and later she ran away from the spot. Hence, the case.

3.The learned counsel for the petitioner submitted that on the day of occurrence, the accused was in drunken mood, accidently his vehicle fell down on the victim girl and hence, he lifted her. It was witnessed by the neighbours and suspecting his conduct, assaulted him.

4.Reading on the statement of the victim girl, the defence put forth by the petitioner is not acceptable, since the victim girl was aged about only 8 years 9 months, at the time of occurrence. At any https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14184 of 2022 ground, this Court find no merits in this petition to consider the representation of the petitioner. If the petitioner released on bail, he might hamper the investigation process. This petition deserves to be dismissed.

5.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 05/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION-RURAL, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14184 of 2022 Date :05/08/2022 PNM RS/SVR/SAR.4 (18.08.2022) 2P-4C https://www.mhc.tn.gov.in/judis 2/2