Sakthivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16757 of 2022 Sakthivel ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Palayanoor Police Station, Sivagangai District.

(Crime No.24 of 2022).

... Respondent/Complainant For Petitioner : M/s.Manivannan K, Advocate.

For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.24 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 15.06.2022 for the alleged offences under Sections 341 of IPC and Sections 7 & 8 of Protection of Children from Sexual Offences Act, in Crime No.24 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the mother of the victim girl lodged a complaint stating that the victim girl is aged about 8 years old. On 13.06.2022, the victim girl was taking water in the public tap. At that time, the accused person teased the victim girl and sexually assaulted by touching the private parts. That was disclosed by the victim girl. Over which, complaint has been registered and the petitioner was arrested and remanded to judicial custody. Ever since, he is in custody.

https://www.mhc.tn.gov.in/judis

3.The earlier bail application that was filed by the petitioner was dismissed on the ground that if he released on bail there is every likelihood of tampering the evidence and making trouble to the victim girl. Now it is submitted that final report has been filed and the petitioner is in custody for more than 93 days. But, considering the gravity of offence, this Court is not inclined to grant bail to the petitioner.

4.However, the learned counsel for the petitioner submitted that the petitioner may be given opportunity to approach the concerned trial Court for bail.

5.With the above liberty, this Criminal Original Petition is dismissed.

Sd/- 20/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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, PALAYANOOR POLICE STATION, SIVAGANGAI DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.16757 of 2022 Date :20/09/2022 SP/VR/SAR II/23/09/2022/2P/4C https://www.mhc.tn.gov.in/judis