Muthusamy v. The Inspector Of Police
CRL OP(MD). No.21051 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21051 of 2021 Muthusamy, ... Petitioner/Accused Vs State Rep by, The Inspector of Police, Uthumalai Police Station, Uthumalai, Tirunelveli District.
(rime No.354/2021).
... Respondent/Complainant For Petitioner : Mr.S.Palani Velayutham,Advocate. For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.354/2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 15.11.2021 for the offences punishable under sections 366 and 323 of I.P.C., and sections 7 and 8 of Protection of Children from Sexual Offences Act, 2012, in Crime No. 354 of 2021, on the file of the respondent police, seeks bail.
2. The case of prosecution is that the victim girl is aged about 14 years. The petitioner is aged about 35 years. The accused abducted the victim girl in a car and committed sexual assault on her. Hence, this complaint.
3. The learned Counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that he is in custody from 15.11.2021. Hence, he seeks bail to the petitioner.
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CRL OP(MD). No.21051 of 2021
4. The learned Government Advocate (Crl.side) submitted that the victim girl is aged about 14 years and the petitioner is aged about 35 years. The petitioner kidnapped the victim girl in his Car and kept her in his custody for about 12 hours and committed sexual assault on her. Hence, he opposed to grant bail to the petitioner. 5.Considering the above said fact and also considering the age of victim girl, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original petition is dismissed. sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TMG/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 UTHUMALAI POLICE STATION, UTHUMALAI, TIRUNELVELI 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.21051 of 2021 Date :29/12/2021 MK/PN/SAR-2/03.01.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2