S.Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16110 of 2022 S.Saravanan ... Petitioner/Accused Vs State represented by The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

(Crime No.20 of 2022).

... Respondent/Complainant For Petitioner : M/s.Pandian M, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.20 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 20.08.2022 for the offences punishable under Sections 354A(1)(ii) and 506(ii) of IPC and Sections 11(i) r/w 12 of the POCSO Act, in Crime No.20 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 21.01.2021, the petitioner had committed sexual harassment on the victim girl. Hence, the complaint.

3.On the side of the petitioner, it is stated that due to previous enmity, a false case was foisted against the petitioner and the petitioner is in judicial custody from 20.08.2022 onwards and prayed the petitioner to be released on bail. https://www.mhc.tn.gov.in/judis

4.On the side of the prosecution, it is stated that the petitioner is already a married man and the victim girl, in her statement recorded under Section 164 Cr.P.C., has specifically implicated the involvement of the petitioner. It is fairly admitted that at the time of occurrence, the victim is a minor and now, she is major.

5.Considering the seriousness and gravity of the offence alleged and on considering the fact that the petitioner is in judicial custody only from 20.08.2022, this Court is not inclined to grant bail to the petitioner.

6.In the result, this Criminal Original Petition is dismissed. Sd/- 07/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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, PARAMAKUDI, 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.16110 of 2022 Date :07/09/2022 SP/SVR/SAR IV/14/09/2022/2P/4C https://www.mhc.tn.gov.in/judis