Vimala v. The Inspector Or Police
CRL OP(MD). No.15285 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.15285 of 2021 Vimala ... Petitioner/Accused Rank Not Known Vs The State rep.by The Inspector Or Police, All Women Police Station, Thallakulam, Madurai City.
(Crime No.69/2020).
... Respondent/Complainant For Petitioner : Mr.S.MAHENDRAPATHY, Advocate.
For Respondent : MR.A.THIRUVADI KUMAR, Additional Public Prosecutor.
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.69 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/Accused who was arrested on 04.08.2021 for the offence under Sections 3, 4, 17, 5(1) and 6 of Protection of Child from Sexual Offences Act, 2012 and Sections 370(4) and 370A(1) I.P.C. r/w 4(2)(c) of Immoral Traffic (Prevention) Act, 1956, in Crime No.69 of 2020 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the minor victim girl aged about 14 years, whose mother deserted her, has been exploited by this petitioner and various other persons. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and she has not committed any offence as alleged by the prosecution. He would further submit that the coaccused has been enlarged on bail by this Court in CRL.OP(MD). No.12701 of 2021 on 15.09.2021. The petitioner is in judicial custody from 04.08.2021 and hence, he seeks for grant of bail. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.15285 of 2021
4. The learned Additional Public Prosecutor appearing for the respondent police would submit that taking advantage of the poverty of the minor girl, the petitioner provided meals and sundry expenses to her and engaged her in prostitution. He would further submit that the petitioner is the main accused in this case and she is having previous cases to her credit. Hence, he opposed for grant of bail to the petitioner.
5.Considering the heinous nature of offence and also the antecedent of the petitioner, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed. sd/- 07/10/2021 / TRUE COPY / / /2021 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 SUPERINTENDENT CENTRAL WOMEN PRISON, MADURAI.
2 THE INSPECTOR OR POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI CITY.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15285 of 2021 Date :07/10/2021 SA/PN/SAR.1/20.10.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2