Kali @ Kaliraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.18710 of 2021 Kali @ Kaliraj ... Petitioner/Accused No.1 Vs The state rep by The Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District.

(Crime No. 18 of 2021). ... Respondent/Complainant For Petitioner : Mr. Sankar.K., Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.18 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 23.10.2021 for the offence punishable under Section 8 r/w 7 of Protection of Children from Sexual Offence Act, 2012, in Crime No.18 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the mother of the victim girl, who is aged about 17 and she was studying 12th standard at Madha Matriculation School, Karivalamvandanallur. On 22.10.2021, when the defacto complainant and her husband had gone to shop for purchase grocery, the petitioner entered into her house and hugged and touched the victim girl with sexual intention. Hence, this complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He is in judicial custody from 23.10.2021 and hence, he seeks bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor has produced a copy of 164 statement of the victim girl and the petitioner is having

three previous cases. He would submit that the investigation is not yet completed.

5.Considering the seriousness and gravity of the offence alleged and also considering the fact that the investigation is pending, this Court is not inclined to grant bail to the petitioner at this point of time.

6.In the result, this Criminal Original Petition is dismissed. Sd/- 29/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 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, SANKARANKOVIL, TENKASI DISTRICT

2. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

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

ORDER

IN CRL OP(MD) No.18710 of 2021 Date : 29/11/2021 VB/PN/SAR-II/04.12.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/