Ramesh v. The Inspector Of Police

CRL OP(MD). No.18429 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18429 of 2022 Ramesh ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, All Women Police Station, Sivagangai District.

Cr.No.20/2022.

... Respondent/Complainant For Petitioner : M/s.Rajaguru P, Advocate.

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.20/2022 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 26.08.2022 for the offences punishable under Sections 294(b) and 506(i) IPC and Sections 7 r/w 8, 11(1) and 12 of POCSO Act, 2012, in Crime No.20 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 25.08.2022 at about 08.00 p.m., the petitioner, who is none other than the second husband of the de-facto complainant, sexually assaulted the de-facto complainant's daughter and also threatened her with dire consequences. Hence, the 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 and he is in judicial custody from 26.08.2022. Hence, prays for bail.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.18429 of 2022 4.The learned Additional Public Prosecutor would submit that the victim is aged about 14 years and the statement under Section 164 of Cr.P.C. of the victim girl is recorded and the investigation is pending. Hence, he strongly opposed to grant bail to the petitioner.

5.Considering the age of the victim girl and also considering the conduct of the petitioner and also the fact that the investigation is pending, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 17/10/2022 / 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, SIVAGANGAI DISTRICT.

2. THE OFFICER-INCHARGE, DISTRICT PRISON, SIVAGANGAI.

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

+1 CC to M/s.P.RAJAGURU, Advocate ( SR-11473[I] dated 17/10/2022 )

ORDER

IN CRL OP(MD) No.18429 of 2022 Date :17/10/2022 sji USK/VR/SAR- /28.10.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2