Madras High CourtCRL OP(MD)/17206/2022dismissed

Arun Kumar v. The Inspector Of Police

2022-09-27Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.17206 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.17206 of 2022 Arun Kumar ... Petitioner/Sole Accused Vs State Rep by The Inspector of Police, Ayakudi Police Station, Dindigul District. Cr. No. 195 of 2022.

... Respondent/Complainant For Petitioner : M/s.Ramasamy.T, 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. 195 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 29.08.2022 for the alleged offence under Section 363 IPC and Section 5(1) r/w 6 of POCSO Act, 2012, 9 of Child Marriage Act, in Crime No.195 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to love affair, the victim, who was aged about 17 years, eloped with the petitioner and the petitioner had sexual relationship with the victim. Hence, the complaint.

3. On the side of the petitioner, it is stated that the petitioner is innocent and had not committed any such offence, as alleged by the prosecution. A false case has been foisted against him. Hence, prays to release him on bail.

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CRL OP(MD). No.17206 of 2022

4. On the side of prosecution, it is stated that the age of the victim was only 17 years at the time of occurrence and the petitioner had committed aggravated sexual assault on her. The investigation is not yet completed and Section 164Cr.P.C. statement also not yet recorded. Hence, prays to dismiss the petition. 5.Considering the gravity of the offence, nature of allegations levelled against the petitioner and considering the age of the victim and also considering the nascent stage of investigation, this Court is not inclined to grant bail to him.

6. Accordingly, this Criminal Original Petition stands dismissed.

sd/- 27/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. The Inspector of Police, Ayakudi Police Station, Dindigul District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3. The Superintendent, Central Prison, Dindigul.

ORDER

IN CRL OP(MD) No.17206 of 2022 Date : 27/09/2022 TR/GB/SAR-I(30.09.2022) 2P 4C https://www.mhc.tn.gov.in/judis 2/2