Chinnadurai v. The Inspector Of Police

CRL OP(MD). No.17821 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.17821 of 2022 Chinnadurai ... Petitioner/Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Alangulam, Tenkasi District Crime No.19 of 2022.

... Respondent/Complainant For Petitioner : M/s.Santhanam Rajesh Kumar B, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.19 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded judicial custody on 25.08.2022 for the offences punishable under Sections 6 r/w 5(i), 5(ii) of Protection of Children from Sexual Offences Act, 2012 @ 294(b), 506(i) of IPC and 6 r/w 5(I), 5(j), (ii) of Protection of Children from Sexual Offences Act, in Cirme No.19 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the Petitioner and the victim girl, who is aged about 17 years, loved each other for the past three years. The petitioner given a promise to marry her and forcibly sexual intercourse with her and also threatened her. In this circumstance, the victim became pregnant. 3.The learned counsel for the petitioner submits that the petitioner and victim girl loved each other and he is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case.

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CRL OP(MD). No.17821 of 2022 4.The learned Additional Public Prosecutor appearing for the respondent strongly opposed this petition stating that the petitioner, by giving false promise to marry the victim girl, had sexual intercourse with her, due to which, the victim girl became pregnant. After knowing about the pregnancy, the petitioner and other accused compelled the victim girl to abort the foetus. The investigation is in preliminary stage and 164 of Cr.P.C. statement of the victim girl is also recorded.

5.Considering the gravity of the offence and also considering the statment recorded under Section 164 of Cr.P.C. of the victim girl, this Court is not inclined to grant bail to the petitioner. 6.The criminal original petition stands dismissed. sd/- 06/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGULAM, TENKASI DISTRICT 2 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.17821 of 2022 Date :06/10/2022 SN/SJI SA/GB/SAR. /10.10.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2