Mohamed Bilal v. The Inspector Of Police

CRL OP(MD). No.15850 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.15850 of 2021 Mohamed Bilal ... Petitioner / Accused No.1 Vs State Rep. by The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

(Cr.No. 17/2021).

... Respondent / Complainant For Petitioner : Mr.A.Joseph Jerry, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.17 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested on 12.09.2021 for the offence punishable under Sections 5(g), 5(m), 6 and 21(1) of Protection of Children from Sexual Offences Act, 2012 in Crime No.17 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner has committed unnatural sexual assault on the victim boy, who is aged about 11 years. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner is falsely implicated in this case. In order to escape from the case registered against the defacto complainant and his hirelings in Crime No.270 of 2021 by the petitioner, the present case is being registered against him. He would further submit that the petitioner is in judicial custody from 12.09.2021 and hence, he seeks bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor appearing for the

CRL OP(MD). No.15850 of 2021 respondent has produced the statement of the victim boy recorded under Section 164 Cr.P.C. and he proved the overt act against the accused.

5.It is an unnatural offence. The accused persons have forcibly misbehaved with the victim boy and exploited him, who is aged about 11 years 6.Considering the age and statement of the victim boy, the gravity of offence and the stage of investigation, this Court is not inclined to grant bail to the petitioner as this is not a fit case for bail.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 21/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM/msa 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, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

2.THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM DISTRICT.

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

ORDER IN CRL OP(MD) No.15850 of 2021 Date :21/10/2021 https://hcservices.ecourts.gov.in/hcservices/ SB/SKN/SAR-II/28.10.2021/2P/4C