S.Ganesamoorthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.18969 of 2022 S.Ganesamoorthi ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Karivalamvandhanallur Police Station, Tenkasi District.

(Crime No.351 of 2022).

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

For Respondent : Mr.E. Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.351 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to Judicial Custody on 4.10.2022 for the offences punishable under sections 5(1) and 6 of Protection of Children from Sexual Offences Act, in Crime No.351 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl, who is aged about 17 years, and the petitioner loved each other and that the petitioner take her to his home and had sexual intercourse with her. Hence, the complaint.

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

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence

as alleged by the prosecution and his names has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 04.10.2022 and seeks bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the victim is a minor girl and her 164 statement is also recorded. He would further submit that the medical examination report is not yet received and the investigation of the case is pending and he strongly opposed grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the gravity of offence and that the medical examination report is not yet received from Medical Board, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal Original Petition is dismissed. Sd/- 08/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE INSPECTOR OF POLICE, KARIVALAMVANDHANALLUR POLICE STATION, TENKASI DISTRICT.

2. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

+1. CC to M/S.SANKAR K Advocate SR.No.12583

ORDER

IN CRL OP(MD) No.18969 of 2022 Date :08/11/2022 SP/SSS/SAR I/23/11/2022/2P/5C https://www.mhc.tn.gov.in/judis