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Madras High CourtCRL OP(MD)/16231/2022dismissed

Chinnappan @ Chinnu v. The Inspector Of Police

2022-09-08Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16231 of 2022 Chinnappan @ Chinnu ... Petitioner/Sole Accused Vs

1. State rep.by The Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District (Crime No. 23 of 2022).

... 1st Respondent/Complainant

2. Saranya ... 2nd Respondent/Defacto Complainant For Petitioner : M/s.Karthikeyan C, Advocate. For Respondent 1: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.23 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 17.07.2022 for the offences punishable under Section 9(m) r/w Section 10 of POCSO Act, 2012 and Section 342 IPC in Crime No.23 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 15.07.2022, when the victim alone was in the house, the accused person illegally entered into her house and sexually assaulted her. Hence, the complaint. https://www.mhc.tn.gov.in/judis

3.On the side of the petitioner, it is stated that the petitioner is innocent and he is in judicial custody from 17.07.2022 and prayed the petitioner to be released on bail. 4.On the side of the prosecution, it is stated that the victim girl, in her statement recorded under Section 164 Cr.P.C., has specifically implicated the petitioner and that the investigation is pending.

5.Considering the seriousness and gravity of the offence alleged and on considering the fact that the investigation is not yet completed, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. Sd/- 08/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) 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, KEERANUR, PUDUKKOTTAI DISTRICT.

2. THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.

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

ORDER

IN CRL OP(MD) No.16231 of 2022 Date :08/09/2022 https://www.mhc.tn.gov.in/judis SP/SVR/SAR I/14/09/2022/2P/4C